Condo Association Management Blog

Your bylaws and your state's condominium act will give you the answers tio your questions.Election of members to serve on the Board of Directors require a vote of the council of unit owners. (i.e. all unit owners should vote in person or via proxy.)

There is little you can do. When people can't be bothered to respond, you have to do what you can. The board can simply vote on this. It may not be totally correct. However, you are left with no other options.

Check your bylaws as to what constitutes a quorum of unit owners. In CT, our state laws and reflective condo bylaws understand that quite often unit owners do not attend meetings, so our unit owner quorum is whoever's present at the meeting and entitled to vote. If there's a board vacancy before a regularly scheduled election, our Board simply has the power to appoint a temporary director until that election comes around.

If there is no quorum for the meeting, there is no vote, plain and simple. When that happens the board in place usually stays on for another year. A number of years ago AZ law was enacted to require mail-in ballots which also count toward the quorum. This has pretty much eliminated the problem of "no quorum". If this is an on-going problem in your assn perhaps an amendment to the bylaws requiring mail-in ballots may be in order.

Scott how big is your association? 
 
Vic

We just had a "No Quorum" Annual Meeting on 6-8-2011. We ran our election knowing that we fell 2 votes short of a Quorum (126 Units, we need 25% for a Quorum). Our Property Mgr suggested we consult with our Atty since ILL Condo Assoc only requires a 20% vote. 
 
We did have one person who ran for the Board, and was not elected. 3 others were elected. The non-elected individual could potentially fight the new Board on it's legitimacy. 
 
Although not technically a New Board, we are moving forward with decisions and votes on the communitiy's behalf. 
We would likely hold a second election if it comes down to it. We have been forced to do this in the past.

If there was no quorum at the meeting, the election should not have been held. However, if state law says a quorum is only 20% then perhaps the election was legal. State law usually trumps your assn docs especially if it says "notwithstanding any provision in the community documents. . ." On the other hand, if it says the quorum is 20%, "unless a smaller or higher % is stated in the community documents. . ." then what your docs says is the law. Ask your prop mgr to provide a copy of the state law so the BOD can make a determination. IMO, the newly elected board members should not take office until it is determined whether or not the election was legal. This definitely is not a good way for a new board to take over.

If a project required a majority of votes and that project was voted do;wn, can the Board request that another voting session be done on the same project>>>>>

I believe they can; however, depending upon how much it would cost to have another meeting, send out ballots, etc. I really think they should think twice about doing so. IMO, they should just gracefully resign themselves to the fact that the members just do not want what they have proposed.