A quorum of members/owners is required for elections only if the governing documents (or law) require a quorum. With Board elections, when a quorum is required, the Davis-Stirling Common Interest Development Act allows for reducing the quorum if the required quorum is not attained at the meeting scheduled to count and tabulate the ballots. The meeting may be adjourned to a date that is at least 20 days later, at which time the required quorum becomes 20 percent of the members/owners. However, a step that can be missed occurs before the initial meeting. The general notice that is required to be given 30 days before the ballots are distributed must include a statement that the association may call a reconvened meeting to be held at least 20 days after a scheduled election if the required quorum is not reached, at which time the quorum will be 20 percent.
Amending the governing documents to delete a quorum requirement avoids the apathy problem often experienced with Board elections. However, if the governing documents require a quorum for Board elections, being sure to include the requisite statement in the 30-day notice will enable the association to take advantage of the statutorily reduced quorum.
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