What Quorum Options Do HOAs Have?
Several Association boards have said they are having difficulty reaching quorum for board member elections because residents haven’t returned their paper ballots. Those boards have asked if they should continue trying to encourage the owners to send in their ballots? Or can the board call the election after a certain period of time?
Many Associations have a difficult time meeting quorum, especially at election time. Because many owners are apathetic. There are a number of ways to address voter apathy without having to necessarily increase voter participation, including reducing quorum requirements for elections. Of course, reducing the quorum requirement doesn’t assist your current problem of whether to call an election after a certain period of time.
If the election is uncontested, you should: (a) adjourn the election meeting; (b) continue to attempt to reach quorum for a reasonable period of time; and (c) if after a diligent attempt to reach quorum you’re still unable to do so, consult with your attorney as to whether it would be appropriate for you to call the election and deem the uncontested candidates as members of the board of directors.
The Association needs a board. If the election is uncontested, and you’re not able to reach quorum after a reasonable period of time, then any member of the Association will find it difficult to challenge the results of the election or the authority of the board.
However, if the election is uncontested, I’d recommend that you develop strategies to increase voter turnout. For example, you might consider going door-to-door or hosting a social event at which you collect proxies. You could create a committee of volunteers. You might even consider raffling a prize or a free month of assessments to those who participate. If, in the end, you’re still unsuccessful in reaching a quorum, then it may be time to explore reducing your quorum requirements.
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