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Ellen
Ellen, Attorney
Category: Business Law
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Our homeowners association documents state for electing members

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Our homeowners association documents state for electing members to an architectural committee "the then members of the Association shall have the power upon a majority vote of the members present of a duly constituted meeting of the Association". One member feels that since it says "duly constituted" a qrorum must be present. A quorum is defined as 1/4 members "except as otherwise provided in the Declaration, Articles of Incorporation or these ByLaws". Does this mean that we do not have to have 1/4 of members present for a meeting that has been properly advertised?

Hello,


Thank you for your question. I am happy to assist you.


A quorum is required. There cannot be a duly constituted meeting without a quorum.


The quorum can typically be by proxy or by attendance at the meeting.


An action without a quorum would not be permissible and could result in liability to the association.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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