Legal Question in Business Law in Minnesota

I am in MInnesota. Our Condominum HOA By Laws specify a Board of 5. We currently have 2 empty seats. Our By Laws also state "A majority of the members of the board shall constitute a quorum". Is a Quorum still 3 of 5 or is it 2 of 3 until we fill the empty seats?

Asked on 6/13/14, 11:32 am

2 Answers from Attorneys

Morgan Kavanaugh Wilkerson & Hegna, PLLP

It depends on what the Bylaws say. Typically, it's the members "currently holding office" that is used to calculate the quorum. So, it could be 2 of 3 until you fill the empty seats, but your documents should be reviewed further. If your HOA does not already have counsel, I recommend having an experienced association attorney review your governing documents further.

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Answered on 6/13/14, 11:45 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Your attorney will want to review your governing documents in entirety. I urge you to secure an experienced attorney so she/he can assist and advise you at this time. Tricia Dwyer Esq. Tricia Dwyer Esq & Assoc Minnesota Real Estate Law Attorney phone 612-296-9666

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Answered on 6/13/14, 1:26 pm

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