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ELIMINATING
QUORUM
REQUIREMENTS
QUESTION:
I read an article that eliminating the quorum requirements for electing
directors also eliminates the quorum for recalling the board. The article said it would
increase the number of recalls and cause the
legislature to impose more burdensome election requirements. Is that true?
ANSWER:
Eliminating quorum requirements for the election of directors only applies to
the election of directors. It has no effect on membership meetings, board recalls
or any other matter requiring membership vote. Recalling
the board must still meet quorum requirements for membership meetings.
Corp. Code
7222(a)
 More
Legislation? I disagree with the fear that
eliminating quorum requirements would cause the legislature to suddenly
pass more burdensome election standards. The new election law already anticipates bylaws
with no quorum requirements:
A quorum shall be required only if so
stated in the governing documents of the association or other provisions
of law.
Civil Code 1363.03(b)
Court Proceedings. The legislature recognizes
the difficulty of achieving quorum and allows associations to go into court to reduce their quorum to the number of votes cast.
Corp. Code
7515 Rather than spend their money in court, associations should spend it
amending their bylaws to eliminate the quorum requirement. I believe
this is a better use of limited resources.
Quasi-Governmental. Another reason that
intervention by the legislature is unlikely; legislators view associations as
quasi-governmental entities. To require a minimum number of votes before an election can be held would be the same as requiring a quorum of California
voters before electing a governor. I don't see that happening.
Quorums Make Less Apathy? Requiring a quorum for
the election of directors does not make the membership less apathetic. It only
causes aggravation and expense. Many owners will either sign blank
proxies or send blank ballots to help meet quorum. That does not make for better elections. Forcing owners to vote may actually decrease the
quality of elections if people don't care and simply
vote for the first names on the ballot or the ones with the prettiest names.
People who care about the election should decide the outcome.
Summary. By eliminating election
quorums, board elections would be like all other elections at the municipal,
state and federal levels. In other words, elections would be determined by those
who are interested enough to vote. This eliminates wasted time and money
holding multiple meetings. We have
already implemented the changes with many of our clients. The results have been
quite positive.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC
 The
Case of the Modified Remodeling Plans. In a new California case decided on
February 29, 2008, an association "conditionally" approved an owners' remodeling
plans. Subsequently, the owners changed their mind about the location of the
garage, and submitted modified plans for the association's approval.
When the association
rejected the modified plans, the owners decided to begin construction anyway
based upon the original plans. The association ordered the owners to stop
construction. Did the association have the right to stop the construction? See
Gary Kessler's "Condo
Court" |
