Should HOAs Eliminate Quorum Requirements Because of the New Elections Law?
It’s beginning to sound like a broken record to me. Free flowing advice is being provided via letters, speakers at seminars, and web message to HOAs to “eliminate the quorum requirements from their governing documents” so that lack of a quorum at an election does not become an unsolvable problem. It is true that the new HOA Elections law does not provide a solution when an HOA receives a ballot return of less than a quorum of ballots. It is true that the old elections law did not solve the problem either, but since there is much more heightened awareness of possible election “gaffs” nowadays, it is important to try and solve whatever problems are solvable at the outset. That said (and with due respect to all professionals out there trying to help associations cope with the new elections laws), … “Eliminate the quorum requirements” is painting with too broad a brush. First of all, HOAs cannot eliminate voting requirements for measures that involve assessments, amendment of documents a
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