Before a meeting can conduct business it requires a quorum—the minimum number of members who must be present at the meeting before business can be legally transacted. The articles of incorporation state "A Quorum for a meeting of the membership shall be the owners of 5% of the total lots, or the minimum of 169 lots". In the absence of a quorum, any business transacted is null and void. In such a case, however, it is that business that is illegal, not the meeting. The absence of a quorum in no way detracts from the fact that the rules were complied with and the meeting held, even though it had to adjourn immediately. The only actions that can legally be taken in the absence of a quorum are to fix the time in which to adjourn, recess, or take measures to obtain a quorum. The prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent. Before calling a meeting to order, the chair should be sure a quorum is present. If a quorum cannot be obtained, the chair should call the meeting to order, announce the absence of a quorum and entertain a motion to adjourn. Any member noticing the apparent absence of a quorum can raise a point of order to that effect at any time. A Riverbender asked at ask.fm/RiverBendNews. Looking for an answer from a Riverbender here.
Posted on: Wed, 14 Aug 2013 02:56:12 +0000
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