Quorum for Annual Meeting of a Homeowners Association

[Guest Rilla C]

The quorum for our Annual Meeting of Homeowners is specified in our bylaws as 100 people.  For the last few years the management company has told the board that a quorum can be achieved by offering a link to a page where the homeowner can enter their name and address and then either vote for the nominees for vacant board positions, OR they can check a box that says they are only filling out the form to count towards the quorum.  I can't remember (from last year) if they indicate someone to be their proxy.  Or if there is a statement that says one of the Board members will be their proxy. The rationale is that this is easier and less time consuming than collecting paper proxies.

I have a problem with the 'voting ahead of time online' because we allow nominations from the floor.

In addition, I have concerns that this way of counting for a quorum is invalid.

Comments?   Thank you in advance.

 

[Guest Anon]

You need to look at the HOA's bylaws. RONR does not allow proxy voting, but any rules in your bylaws or state law about it will supersede RONR.

[Guest Rilla C]

Our bylaws allow proxies. 

My questions were about early voting being allowed/counted when nominations also come from the floor (in the past, the proxy holder has voted on the day for the person who gave the proxy).  If someone votes early, then the person named in their electronic proxy can change the vote based on the nominees from the floor?  Now that I write it out, I guess that is the way it works.  But what if a proxy holder is not named on the electronic form?  Is it still valid?

 

[Joshua Katz]

When your bylaws authorize proxy voting, they (or another of your rules) should give the rules for conducting it. Figuring out the details of how it works, as a result, involves combing through those rules, not RONR, which we aren't in a position to do. 

[Guest Rilla C]

Thank you.  The bylaws were written in 1985 so they don't mention how to handle electronic voting.

 

 

[Gary Novosielski]

On 2/15/2024 at 2:16 PM, Guest Rilla C said:

Thank you.  The bylaws were written in 1985 so they don't mention how to handle electronic voting.

This suggests that electronic voting is prohibited.