REDUCED QUORUM FOR ELECTIONS

REDUCED QUORUM FOR ELECTIONS

Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding reduced Quorum for HOA Elections. It reads as follows . . .

QUESTION. If our 50% quorum is not achieved, is there a requirement that another vote take place but with a 20% quorum requirement? If so, how quickly does this need to take place? –Larry K.

ANSWER. No there is no requirement that your association vote again using the 20% quorum. It is optional for associations. If members want to take advantage of a reduced quorum, a simple majority of those members present at the meeting can adjourn to a later date. (Civ. Code § 5115(d)(2).) The date must be at least 20 days after the scheduled election. In addition, not less than 15 days prior to the reconvened meeting, the association must send out a notice of the meeting. For more information, see “Reduced Quorum–Adjournment.”

RECOMMENDATION: To avoid quorum problems in director elections, amend your bylaws to drop quorum requirements altogether. We have done so for many associations, and it greatly simplifies their elections and eliminates the expense of adjourned meetings.


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.