BUDGET MEETING QUORUM

[Guest PJD]

I would like to know if a budget meeting was started with enough members to have a quorum, and During that meeting time two members had to leave due to other obligations, and the board did not adorned the meeting at that point and it continued.

The budget allocations were voted on and approved by all remaining members and the meeting was over.

Homeowners proceeded to send their dues in as required

The board has now sent letter weeks after the fact that most homeowners have paid their new dues saying that in retrospect the budget is not valid since no quorum was present at the time of the approval vote. Moreover, a refund will be forthcoming.

The meeting started with a quorum even though two left is, is it considered a legal meeting.

Our bylaws state that the last year’s budget goes into effect after two meetings if there is no quorum

[STA]

If your organization operates strictly under Robert, the quorum broke before the vote was taken so the decision is invalid. Be advised, however, that some state corporation laws have different quorum interpretations.

[Trina]

'... a point of order relating to the absence of a quorum is generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrosepctively by a a ruling of the presiding officer, subject to appeal.' (RONR p. 338 ll. 24-28)

Is there 'clear and convincing proof' of the loss of quorum prior to the vote? 'Clear and convincing proof' isn't an easy standard to meet.

Also, did the letter from the board grow out of a point of order (raised at a proper meeting, of course) addressing the lack of quorum? Or did board members just chat among themselves between meetings, and come to this determination?

Was the meeting that voted on the budget a board meeting? If it was a general membership meeting, the board has no business making any determinations about quorum.

[Guest QUROUM]

the board obvioulsy determined there was no quroum between themselves, and it was a general meeting with members to review the 2010 budget and to revise it and approve the new budget

[hmtcastle]

the board obvioulsy determined there was no quroum between themselves, and it was a general meeting with members to review the 2010 budget and to revise it and approve the new budget

If this was a meeting of the general membership then the board, as a board, was not present and couldn't decide anything. The board, as a board, can only act at board meetings.

Assuming the departure of two (board?) members did not result in a loss of quorum, the meeting can continue.

[Guest quorum]

i appreciate your responses

thank you