WHAT COUNTS TOWARD QUORUM For An HOA Annual Meeting?

WHAT COUNTS TOWARD QUORUM For An HOA Annual Meeting?

Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding what actually counts towards quorum for an annual meeting . . .

QUESTION: Does an absentee ballot count towards quorum for an annual meeting, or just proxies? It is very confusing as to what counts towards quorum. –Susan B.

ANSWER: All ballots cast by owners, whether residents or absentees, count toward quorum. Ballots are treated as a member present at a meeting for purposes of counting quorum. (Civ. Code § 5115(d).) Proxies also count toward quorum. Finally, owners present in the meeting who have not yet cast a ballot count toward quorum.

RECOMMENDATION: We routinely eliminate quorum requirements for the election of directors when we amend and restate bylaws for associations. It greatly simplifies elections and keeps costs down by doing away with the need for repeated adjourned meetings. Your association should consider doing the same.


DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel.  You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.