Real Estate & Property Law

Proxy and Quorum Questions Come Up Again

Here are some questions and concerns about proxies and quorum:

"In the condo association that my condo maintains, the board will usually solicit proxy votes for the meeting issues. Then no one shows up for the meetings. As a former government official I am concerned and disturbed by this. My understanding of Roberts Rules and all associations I have been involved with that allow proxy votes, still require an actual quorum be present, even if proxy votes are used. Are condos governed differently? Thanks for your help."

First of all, for a valid membership meeting where any action will be taken, or any election for that matter, a quorum must be present or the meeting or election will not be legally valid and could be challenged.

A quorum for a meeting can be established through proxies; however, if there is a board election, or an election to amend the CC&Rs or Bylaws, or an election for an assessment or assessment increase, or transfer of common area to an individual owner, the election must be held by secret written ballot and the ballot packages count toward the quorum. In such a scenario, a proxy holder would have to obtain a ballot package in order to vote and turn it in to be counted toward the quorum.

Because of these complications, some associations have done away with proxies by posing an amendment for owner approval to the Bylaws.

So, what seems to be a simple question can be complicated when proxies are involved.

Full post as published by California Condo & HOA Law on May 13, 2010 (boomark / email).