I presume the question intends to ask what happens if there is not a quorum at the meeting (counting any allowed proxies). The answer may lie in the Association’s Governing Documents. It is not uncommon for there to be a provision that if a quorum is not met, the meeting is to be continued to a date within a set time period and that there is a decreased quorum (as specified) at the continued meeting.
If there is no such provision, then the only option is to continue the meeting (over and over if necessary) until a quorum is obtained.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
If you do not have a quorum, the meeting can be adjourned and rescheduled. In the interim proxies can be solicited to get to a quorum. Also, most documents provide that the directors or officers remain in office until successors are elected.
Marchetti Law PC
220 Lake Dr E Ste 102
Cherry Hill NJ 08002-1165
IC 32-25.5-3-11 (attached) provides guidance when this occurs. This statute was enacted a year ago to address this issue.
IC 32-25.5-3-11 Meeting to appoint or elect board members; failure to achieve quorum; authority to enforce governing documents
Sec. 11. (a) If:
(1) a meeting of a homeowners association is called in accordance with the requirements of the homeowners association’s governing documents, regardless of whether the meeting is:
(A) an annual meeting;
(B) a special meeting; or
(C) any other meeting called by the board or the members;
(2) a purpose of the meeting is the election or appointment of members of the board of directors of the homeowners association; and
(3) the number of members of the homeowners association in attendance at the meeting does not constitute a quorum as defined in the governing documents of the homeowners association;
the members of the board of directors at the time of the meeting may continue to serve until their successors are selected and qualified, regardless of the length of any member’s term or the number of terms the member has served.
(b) The failure of a homeowners association to achieve a quorum at a meeting described in subsection (a) does not exempt any member from, or create an affirmative defense for any member with respect to:
(1) the member’s obligations under the homeowners association’s governing documents; or
(2) the member’s obligations to otherwise abide by covenants regulating:
(A) the use of real estate; or
(B) the payment of assessments.
(c) If a homeowners association’s governing documents permit both the homeowners association and members of the homeowners association to enforce provisions of the governing documents, the homeowners association has authority both:
(1) as a corporation or an entity; and
(2) as derived from the members of the homeowners association’s board;
to enforce the governing documents of the homeowners association.
As added by P.L.27-2017, SEC.3.
Thrasher Buschmann & Voelkel PC
151 N. Delaware St.
Indianapolis IN 46204-2505