I am in MInnesota. Our Condominum HOA By Laws specify a Board of 5. We currently have 2 empty seats. Our By Laws also state "A majority of the members of the board shall constitute a quorum". Is a Quorum still 3 of 5 or is it 2 of 3 until we fill the empty seats?
Answer
It depends on what the Bylaws say. Typically, it's the members "currently holding office" that is used to calculate the quorum. So, it could be 2 of 3 until you fill the empty seats, but your documents should be reviewed further. If your HOA does not already have counsel, I recommend having an experienced association attorney review your governing documents further.
Answer
Your attorney will want to review your governing documents in entirety. I urge you to secure an experienced attorney so she/he can assist and advise you at this time. Tricia Dwyer Esq. Tricia Dwyer Esq & Assoc Minnesota Real Estate Law Attorney http://DWYERLAWFIRM.net phone 612-296-9666
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