HOA Homefront: How to attain the elusive membership quorum

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HOA Homefront: How to attain the elusive membership quorum
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Remind neighbors that, to paraphrase Paul Sweeney, “(HOA) democracy, like love, can survive any attack— save neglect and indifference.”

Some of the most important HOA decisions must be made by membership vote, but many associations cannot make those decisions because they fail to attain a quorum.

Unfortunately, many associations have been unable to attain quorum for years and cannot elect directors. In such associations, the boards simply appoint to fill board vacancies as they arise. One client association received a recall petition demanding election of a new board. Unable to achieve a quorum in over five years, the board agreed and asked the petitioners for help!

3. Investor owners often do not participate in HOA governance. Ask them for “quorum-only” proxies, so the other members can make decisions. Some lawyers recommend eliminating quorum, but that recommendation ignores quorum’s purpose. Quorum provides stability by ensuring decisions have broad-based member support. Except perhaps for electing directors, preserve quorum minimums. Membership decisions should be made by a representative group and not a small handful of members.

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