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Does your HOA require a quorum of a majority of members in order to conduct a meeting?



 

AB 1458 easily passed the Assembly and Senate in 2023 and is now law.  The subject of establishing a quorum in order to elect new HOA board members has been contentious in the past as meeting quorum requirements and determining exactly who may vote has often been an issue locally and in the Legislature. 

 

Unlike municipal elections where a quorum of voters is not required in order to determine who is elected, HOAs have quorum requirements.

 

When, mostly due to apathy, a sufficient number of association members fail to show up or vote, a new board cannot be seated.  In those cases the existing board may remain until voted out in a subsequent election… either in person or by proxy, or via mail-in voting as determined by the HOA’s governing documents.  And, that was the main opposing argument… board members weren’t replaced by election and they remained a “tyranny by a few over the many” as it was once characterized.

 

The bill allows associations to conduct a new election with a lower quorum of only 20% of the voting membership.

 

HOALaws will remain vigilant as any new bill may yet again surface regarding quorums!






Yorumlar


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