September 2014 Archives

Apathy seems to run wild in many homeowners associations as, year after year, home owners fail to attend their association's annual meetings. The problem of no-shows is that the association is unable to obtain a quorum at its annual meeting. By-laws typically provide that a quorum is obtained when so many home owners as shall represent at least 51% of the total authorized votes of all home owners present in person or represented by written proxy attend the meeting. By-laws also typically provide that when a quorum is present at any meeting, the vote of a majority of the home owners present in person or represented by written proxy shall decide any question brought before the meeting. It follows that, absent the presence of a quorum at a meeting, no vote can be held and no action can be taken by the home owners.