QUESTION: With the Annual General Membership Meeting scheduled for later this month, what is the requirement for the number of residents to be present in order for a quorum to be reached? What happens if not enough members attend?
ANSWER: Article III of the Springs Owners Association By-Laws addresses Association meetings. Paragraph 3.01 of the Article, Annual Meeting specifies the requirement for an annual meeting. Paragraph 3.06, Quorum, provides the answer to the above question, and highlights the annual plea for owner residents to either attend the meeting in person or by proxy in order to avoid the possibility that a minority of owners could make significant changes to our CCR?’s, By-Laws, annual dues amount, etc., if the quorum requirements are not met at the initial meeting. With 86 owners in the Springs, the initial quorum requirement is at least 44 owners in good standing be present physically or by proxy. Should the quorum not be met at that meeting, the rescheduled meeting (held within 60 days of the initial one), would only require 23 members in attendance/proxy. If the second meeting also failed to achieve the revised quorum, a third meeting would require only 12 members present or by proxy to attend to Association business and make voting decisions.
ARTICLE III ?– MEETINGS OF MEMBERS
3.06 Quorum. The members holding fifty one percent (51%) of the votes, which may be cast at any meeting, shall constitute a quorum at such meeting. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to a 30-day notice requirement and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that such reduced quorum requirement shall not be applicable to any such subsequent meeting held more than sixty (60) days following the preceding meeting. If a quorum is not present at any meeting of members, a majority of the members present may adjourn the meeting from time to time without further notice. (Note: bold text reflects Bylaw change approved by the Association membership at the November 14, 2000 Annual General Membership Meeting.)
(NOTE: THE INABILITY TO ACHIEVE A QUORUM AT THE FIRST SCHEDULED MEETING OCCURRED IN 2004, 2005, AND 2006.)
These monthly ?“Talk About It?” CCR messages intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR?’s) and/or our By-Laws that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR?’s is to maintain specific standards for the good of us all, as articulated in their definition:
?“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.?”
If you are a Springs resident who has misplaced your copy of the CCR?’s, or are a new resident who wasn?’t provided a copy by the previous owners or your realtor, you can view and downloaded (in Adobe Reader (.pdf) format) the complete Springs CCR?’s and By-Laws at the Community Pages of this Springs website.
ANSWER: Article III of the Springs Owners Association By-Laws addresses Association meetings. Paragraph 3.01 of the Article, Annual Meeting specifies the requirement for an annual meeting. Paragraph 3.06, Quorum, provides the answer to the above question, and highlights the annual plea for owner residents to either attend the meeting in person or by proxy in order to avoid the possibility that a minority of owners could make significant changes to our CCR?’s, By-Laws, annual dues amount, etc., if the quorum requirements are not met at the initial meeting. With 86 owners in the Springs, the initial quorum requirement is at least 44 owners in good standing be present physically or by proxy. Should the quorum not be met at that meeting, the rescheduled meeting (held within 60 days of the initial one), would only require 23 members in attendance/proxy. If the second meeting also failed to achieve the revised quorum, a third meeting would require only 12 members present or by proxy to attend to Association business and make voting decisions.
3.06 Quorum. The members holding fifty one percent (51%) of the votes, which may be cast at any meeting, shall constitute a quorum at such meeting. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to a 30-day notice requirement and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that such reduced quorum requirement shall not be applicable to any such subsequent meeting held more than sixty (60) days following the preceding meeting. If a quorum is not present at any meeting of members, a majority of the members present may adjourn the meeting from time to time without further notice. (Note: bold text reflects Bylaw change approved by the Association membership at the November 14, 2000 Annual General Membership Meeting.)
(NOTE: THE INABILITY TO ACHIEVE A QUORUM AT THE FIRST SCHEDULED MEETING OCCURRED IN 2004, 2005, AND 2006.)
These monthly ?“Talk About It?” CCR messages intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR?’s) and/or our By-Laws that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR?’s is to maintain specific standards for the good of us all, as articulated in their definition:
?“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.?”
If you are a Springs resident who has misplaced your copy of the CCR?’s, or are a new resident who wasn?’t provided a copy by the previous owners or your realtor, you can view and downloaded (in Adobe Reader (.pdf) format) the complete Springs CCR?’s and By-Laws at the Community Pages of this Springs website.
