Legal Question in Administrative Law in California

Quorum

Our CC&R's were written over 20 years ago and does not reflect a quorum necessary for the election. Our HOA board election will be taking place next week, do we need a quorum even though it does not stimulate it in the governing documents? Thank you


Asked on 5/12/09, 2:08 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: Quorum

The minimum number of members is usually defined in the CC&Rs and/or bylaws. The more common quorum percentage is 25%, 33%, 50%, 51%, or a simple majority of the members.

If the bylaws or statutes do not set quorum requirements for the particular issue being voted upon, then 1/3 of the voting power constitutes a quorum. Corp. Code �7512(a)

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Answered on 5/12/09, 8:36 pm


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