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Differing Quorum Requirements


Guest Melissa

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Can you have 2 different quorum thresholds for the same meeting? Our HOA Covenants state that for meeting called for annual assessments or special assessments for capital improvements a quorum must be 60% of all members. Our Bylaws call for a majority except as otherwise provided in the Declaration, etc. Our Annual Meeting covers assessments and other business. We have a huge challenge getting a quorum in person or by proxy - I'm trying to see if there's a way to at least conduct some business if we can't meeting the higher 60% threshold.

Thanks - Melissa

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Can you have 2 different quorum thresholds for the same meeting? Our HOA Covenants state that for meeting called for annual assessments or special assessments for capital improvements a quorum must be 60% of all members. Our Bylaws call for a majority except as otherwise provided in the Declaration, etc. Our Annual Meeting covers assessments and other business. We have a huge challenge getting a quorum in person or by proxy - I'm trying to see if there's a way to at least conduct some business if we can't meeting the higher 60% threshold.

The proper interpretation of bylaws requires reading them in their entirety, something that's beyond the scope of this forum.

But you might want to examine your bylaws with an eye to the difference between special ("called") meetings and regular meetings (e.g. the annual meeting). That may or may not be a significant difference with regards to the quorum requirement(s) but it's something to consider.

You should also note that a specific rule (e.g. one relating to a particular meeting) supersedes a general rule (e.g. one relating to meetings).

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