QUORUM MEMBER MEETINGS

[Guest Arthur541]

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?  

[Josh Martin]

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.

[Atul Kapur]

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).

[Shmuel Gerber]

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. 🙂