What is a Quorum?

By October 6, 2019 October 28th, 2019 Condo & HOA Law

Q:   Our governing documents provide that a quorum is thirty-three percent (33%) and our property manager is telling us that our quorum is actually thirty percent (30%). What is correct?

T.M., Stuart

 

A:   The answer depends on whether you are a condominium governing by Chapter 718 or a homeowners’ association governed by Chapter 720 of the Florida Statutes.

In a condominium, there is no statutory cap on a minimum quorum of owners to call a meeting to order. In fact, many condominiums require a majority of the units be present in person or by proxy to constitute a quorum and that threshold is valid.

In a homeowners’ association, the statute provides a cap of thirty percent (30%) to constitute a quorum of the members. Specifically, Section 720.306 of the Florida Statutes provides “unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests.” This means that your homeowners association may have a quorum of 20 or 25 percent, but not 33 percent.

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Steven J. Adamczyk Esq., is a shareholder of the law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  To ask Mr. Adamczyk questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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