Guest Arthur541 Posted January 23, 2021 at 09:21 PM Report Share Posted January 23, 2021 at 09:21 PM I haven't been on this site for a while. This question may have been posted already. I dont see it. It is about my HOA bylaws and state law requirements for quorums at memberships meetings. I would like opinions on the wording and intent. From what I see, Robert discusses quorum requirements in terms of what bylaws have. I am in Florida under Florida Statute Chapter 720. Our law, has: 720.306 Meetings of members; voting and election procedures; amendments.—(1) QUORUM; AMENDMENTS.— (a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. My bylaws have the following. "A quorum of at members' meetings shall consist of persons entitled to case thirty (30%) percent of the voting interests of the entire membership." There is the statute with ".....the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests, " then the bylaws with the same 30 percent of the voting interests? How many members does that tell you are required to be there in person for a quorum? I notice it does not have the phrase "in person or by proxy." Notice, too that it then that the law requires decisions to be made by a majority, in person or by proxy. Comments? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted January 23, 2021 at 10:15 PM Report Share Posted January 23, 2021 at 10:15 PM 53 minutes ago, Guest Arthur541 said: I haven't been on this site for a while. This question may have been posted already. I dont see it. It is about my HOA bylaws and state law requirements for quorums at memberships meetings. I would like opinions on the wording and intent. From what I see, Robert discusses quorum requirements in terms of what bylaws have. I am in Florida under Florida Statute Chapter 720. Our law, has: 720.306 Meetings of members; voting and election procedures; amendments.—(1) QUORUM; AMENDMENTS.— (a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. My bylaws have the following. "A quorum of at members' meetings shall consist of persons entitled to case thirty (30%) percent of the voting interests of the entire membership." There is the statute with ".....the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests, " then the bylaws with the same 30 percent of the voting interests? How many members does that tell you are required to be there in person for a quorum? I notice it does not have the phrase "in person or by proxy." Notice, too that it then that the law requires decisions to be made by a majority, in person or by proxy. Comments? A question regarding the meaning of Florida law is beyond the scope of RONR and this forum. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted January 23, 2021 at 11:25 PM Report Share Posted January 23, 2021 at 11:25 PM 1 hour ago, Guest Arthur541 said: My bylaws have the following. "A quorum of at members' meetings shall consist of persons entitled to case thirty (30%) percent of the voting interests of the entire membership." There is the statute with ".....the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests, " then the bylaws with the same 30 percent of the voting interests? How many members does that tell you are required to be there in person for a quorum? Limiting the answer to the provision of your bylaws (not Florida law), then the number of people doesn't matter. If one person has 30% of the voting interests, that constitutes a quorum (although I'm sure someone will jump to point out that the bylaw says "persons" in plural so a minimum of two persons is required). Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted January 24, 2021 at 02:26 AM Report Share Posted January 24, 2021 at 02:26 AM 3 hours ago, Atul Kapur said: Limiting the answer to the provision of your bylaws (not Florida law), then the number of people doesn't matter. If one person has 30% of the voting interests, that constitutes a quorum (although I'm sure someone will jump to point out that the bylaw says "persons" in plural so a minimum of two persons is required). Someone already did jump to point that out, but I don't think anyone else will. 🙂 Quote Link to comment Share on other sites More sharing options...
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