Determining if a quorum has been achieved

What is quorum?

In the context of a homeowners association (HOA) election, a quorum refers to the minimum number of members or homeowners who must be present, either in person or by proxy, in order for the election to be considered valid. The specific quorum requirements may be outlined in the HOA’s governing documents, such as the bylaws or the articles of incorporation.

 Purpose of quorum

The purpose of establishing a quorum is to ensure that decisions made in the election are representative of the community’s interests and to prevent a small group of individuals from making decisions on behalf of the entire association. Without a quorum, the election may not proceed, and any actions or decisions taken during the meeting may be considered invalid.

Determining if a quorum has been achieved

Determining whether a quorum has been achieved in an HOA election typically involves counting the number of eligible members who are present or represented at the meeting. The specific method for determining a quorum may be outlined in the HOA’s governing documents, such as the bylaws or the articles of incorporation. Here are some common approaches:

1. Counting Attendees

One way to determine a quorum is by physically counting the number of members present at the meeting. The governing documents may specify the minimum number or percentage of members required for a quorum, and if that threshold is met, a quorum is considered achieved.

2. Proxy Representation

HOA members often have the option to appoint a proxy to represent them at the meeting. A proxy is a designated individual who attends and votes on behalf of a member who cannot be present. In this case, the number of members physically present at the meeting, along with the number of proxy representatives, is tallied to determine if the total meets the quorum requirement.

3. Electronic Participation

Some HOAs may allow members to participate in meetings electronically, such as through videoconferencing or online voting platforms. In such cases, the governing documents may specify whether electronically participating members are counted towards the quorum. The method of counting electronic participants can vary, but it generally involves verifying their identities and ensuring their eligibility to vote.