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?
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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