Check the quorum for an election of directors

Key facts

Human involvement

Yellow · Close supervision

How AI is used

List whether the governing documents require a quorum, how many ballots the inspector has received, and whether the meeting is the original election or a reconvened one. Do not say quorum is met.

What the lawyer must review

You decide whether a quorum is required and whether it is met. Section 5115(d)(1) says a quorum shall be required only if so stated in the governing documents or other provisions of law. If the governing documents require a quorum, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum. Section 5115(d)(2) says that for an election of directors, if the quorum required by the governing documents or by Corporations Code § 7512 is not met, then unless the governing documents authorize a lower quorum for a reconvened meeting, the association may adjourn to a date at least 20 days after the adjourned meeting, at which the quorum to elect directors shall be 20 percent of the members voting in person, by proxy, or by secret ballot. Section 7512 was not opened, so this check does not restate it. Section 5130 says a proxy shall not be construed or used in lieu of a ballot. An association may use proxies if the bylaws permit or require them and they meet the article, other laws, and the governing documents. A proxyholder casts the member's vote by secret ballot. The tool does not declare that a quorum was reached.

Written for / version

United States versionUS