quorum with conflict of interest.

[Guest trudi mehrhof]

Situation with a non profit homeowners board with eight members five of whom have a direct conflict of interest. Statue in NC states- "If a majority of the directors who have no direct or indirect interest in the

transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the

purpose of taking action under this section."

The question is can such a vote take place before a quorum of the total Board is present and therefore a meeting has begin since Robert's Rules states, " the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quorum. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix the time to which toadjourn, and to adjourn, or to take a recess."

[Chris Harrison]

Business cannot be validly conducted unless a quorum is present.

[Kim Goldsworthy]

Situation with a non profit homeowners board with eight members five of whom have a direct conflict of interest.

Statute in NC states - "If a majority of the directors who have no direct or indirect interest in the

transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the

purpose of taking action under this section."

The question is, can such a vote take place before a quorum of the total Board is present and therefore a meeting has begun, since Robert's Rules states, "the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quorum. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix the time to which to adjourn, and to adjourn, or to take a recess."

Are you asking a question about Robert's Rules of Order? Or are you asking a question about compliance with a state law which allows action without a (non-conflicting) quorum being present?

Your cited state law is not consistent with Robert's Rules of Order, since your law allows something, under a very specific circumstance, which is not EVER allowed under the default rules of Robert's Rules of Order. (Namely, taking action on substantive business despite no quorum being PHYSICALLY present.)

This Q&A Forum is not the place to ask, or answer, LEGAL questions.

And I think you are indirectly asking, "Will be be in compliance with North Carolina law if we do [X]?"

Besides, if you are in compliance with Robert's Rules of Order, but out of compliance with your state's law, then your question will have been moot.

So I doubt you are seeking what RONR (Da Capo Press, Tenth Edition, 2000) has to say on the issue.

[Josh Martin]

Situation with a non profit homeowners board with eight members five of whom have a direct conflict of interest. Statue in NC states- "If a majority of the directors who have no direct or indirect interest in the

transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the

purpose of taking action under this section."

The question is can such a vote take place before a quorum of the total Board is present and therefore a meeting has begin since Robert's Rules states, " the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quorum. The only business that can be transacted in the absence of a quorum is to take measures to obtain a quorum, to fix the time to which toadjourn, and to adjourn, or to take a recess."

Your question has more to do with the laws of North Carolina than the rules under RONR. Applicable procedural laws take precedence over RONR. You will need to consult a lawyer.

[Guest trudi mehrhof]

Your question has more to do with the laws of North Carolina than the rules under RONR. Applicable procedural laws take precedence over RONR. You will need to consult a lawyer.

Thanks . 2 out of three replies say the same

[Guest trudi mehrhof]

Are you asking a question about Robert's Rules of Order? Or are you asking a question about compliance with a state law which allows action without a (non-conflicting) quorum being present?

Your cited state law is not consistent with Robert's Rules of Order, since your law allows something, under a very specific circumstance, which is not EVER allowed under the default rules of Robert's Rules of Order. (Namely, taking action on substantive business despite no quorum being PHYSICALLY present.)

This Q&A Forum is not the place to ask, or answer, LEGAL questions.

And I think you are indirectly asking, "Will be be in compliance with North Carolina law if we do [X]?"

Besides, if you are in compliance with Robert's Rules of Order, but out of compliance with your state's law, then your question will have been moot.

So I doubt you are seeking what RONR (Da Capo Press, Tenth Edition, 2000) has to say on the issue.

Thanks. I wasn't sure where to find the answer. Based on the responses it seems we will need to consult an attorney

[Guest trudi mehrhof]

Business cannot be validly conducted unless a quorum is present.

Thanks