QUESTION:
Many of
our lots are used as week-end homes. Because of the large number of absentee
owners, we are concerned about establishing
quorum for a recall meeting.
ANSWER: To move forward with a recall, you need a quorum. However, you don't need people to physically show up at the meeting since ballots count toward quorum.REDUCED QUORUM
QUESTION: Regarding establishing a quorum
for a recall election, if a quorum is not established first try, is the recall
void? Would we set another date to establish a smaller quorum, as in a regular
election handled at an annual meeting?
ANSWER:If your bylaws do not provide for a reduced
quorum, the recall fails and everyone goes home. If your bylaws provide for a
reduced quorum, you set another date as provided for in your bylaws. If you meet
quorum at the rescheduled meeting, you must also factor in the size of your
association. If your association has fewer than 50 members, the removal of
directors must be approved by the affirmative vote of a majority of all members
entitled to vote, regardless of the reduced quorum. Corp. Code 7222(a). If you have 50 or more members, the recall is approved
by the affirmative vote of a majority of the votes represented and voting, with
the affirmative votes also constituting a majority of the required quorum.