If an annual meeting is required but not held due to lack of quorum, what are appropriate next steps?

[Guest John]

An organization, in this case an association of apartment owners, has as a requirement of its bylaws an annual meeting. An annual meeting was called but could not be convened due to a lack of quorum. What does Robert's Rules require in terms of rescheduling or convening an annual meeting if the bylaws are mute on the subject?

 

Your kind assistance is very much appreciated.

[Josh Martin]

An organization, in this case an association of apartment owners, has as a requirement of its bylaws an annual meeting. An annual meeting was called but could not be convened due to a lack of quorum. What does Robert's Rules require in terms of rescheduling or convening an annual meeting if the bylaws are mute on the subject?

 

What RONR requires is for the meeting to be convened even though a quorum is not present, and for the assembly to then set a date for an adjourned meeting. This is one of the handful of procedural actions which may be taken in the absence of a quorum. Since your organization failed to do this, you will need to check your bylaws to figure out what to do now.

[Guest Guest]

Follow-up:

The Bylaws state that an Annual Meeting shall be held within 90 days following the close of the fiscal year of the Association....Does the attempt at having a meeting but filure to establish quorum satisfy "Shall be held" or must a the annual meeting be rescheduled?

[Guest John]

Thank you Josh

[Richard Brown]

Follow-up:

The Bylaws state that an Annual Meeting shall be held within 90 days following the close of the fiscal year of the Association....Does the attempt at having a meeting but filure to establish quorum satisfy "Shall be held" or must a the annual meeting be rescheduled?

Questions:

 

1.  Are Guest John and Guest Guest the same person?   If not, are they referring to the same organization?

 

2.  What do the bylaws (of Guest John's organization) say about how the annual meeting is scheduled?  Do they say who can call it?l   The Board?  The president?  Anybody?  Nobody?

 

3.  What, if anything, do the bylaws say about special meetings and who can call them?

[Guest John]

Questions:

 

1.  Are Guest John and Guest Guest the same person?   If not, are they referring to the same organization?

Response**YES, Guest John and Guest Guest are the same person and it is the same organization.

 

2.  What do the bylaws (of Guest John's organization) say about how the annual meeting is scheduled?  Do they say who can call it  The Board?  The president?  Anybody?  Nobody?

Response** The Board by resolution or a majority of all the Owners by petition may establish regular meetings (this is quoted directly from the section covering Annual Meetings)

 

3.  What, if anything, do the bylaws say about special meetings and who can call them?

Response** Special Meetings of the Association may be called by the President or by any Director or by a Petition to the Secretary signed by at least twenty-five percent (25%) of the Owners.

Thank you for your thoughtful response

[Guest John]

I apologize for the strange formatting. I guess I typed directly into the quoted text. still figuring it out -thank you for your Patience-John

[George Mervosh]

Follow-up:

The Bylaws state that an Annual Meeting shall be held within 90 days following the close of the fiscal year of the Association....Does the attempt at having a meeting but filure to establish quorum satisfy "Shall be held" or must a the annual meeting be rescheduled?

 

No, not if the meeting was not convened.

 

(I deleted an earlier reply because I misread the facts)

[Gary Novosielski]

Follow-up:

The Bylaws state that an Annual Meeting shall be held within 90 days following the close of the fiscal year of the Association....Does the attempt at having a meeting but filure to establish quorum satisfy "Shall be held" or must a the annual meeting be rescheduled?

 

Well, it would have counted as having been held, except it appears you never actually called it to order.  Of course even if you had, you would not have been able to hold the election unless a quorum was present.

 

But one thing you could have done without a quorum (besides trying to get a quorum) would be to adopt a motion to adjourn to a different time (and place), presumably when (and where) you would expect to achieve a quorum.  That would have counted as a continuation of the same session as your Annual General Meeting, so anything you're supposed to do at the AGM, you could properly do then.

 

Looks like a Special Meeting would be your next best move at this point.  Or, since your AGM was technically never held, you could issue another call for the AGM.  Better late than never.