What Is a Quorum in an HOA? FAQs Answered

What is a quorum? Many board members and homeowners don’t know what a quorum is and how it plays a role in meetings. This can lead to a multitude of problems, as conducting association business without a meeting quorum can render decisions invalid. A quorum is important, but how many members counts as one? And what happens if there is no quorum?

What is a Quorum?

A quorum is the minimum number of members who must be present at a meeting for the meeting to continue and association business to be conducted. Quorums help ensure that HOA meetings represent a fair portion of homeowners. Otherwise, if only a small group of homeowners attend the meetings, the community’s voice would not be accurately represented.

A quorum applies to both membership meetings, which typically happen annually, and board meetings. The exact number that an HOA requires to reach a quorum depends on state laws and the association’s bylaws. Some associations require a fixed number, while others use a percentage of total members. If an HOA fails to meet a quorum, the meeting can’t proceed with votes on budgets, elections, or rule changes.

What is a Quorum: FAQs

To help out board members and homeowners, here are the answers to the most frequently asked questions on quorums.

What Percentage is a Quorum?

The percentage required to meet a quorum can vary from one association to another. It usually falls between 10% and 50% of voting members. Small HOAs may require a higher participation rate, while larger ones can generally set a lower threshold.

How Many is a Quorum?

A quorum depends on the number of members in an HOA. If the bylaws state a 30% quorum requirement and there are 100 homeowners, at least 30 must attend (in person or by proxy). Again, exact quorum requirements will depend on state laws and the governing documents. For board meetings, a quorum usually involves a majority of board members.

What are the Rules for Quorum?

The HOA’s bylaws outline the quorum rules, including:

Required percentage or number of attendees;
If proxy votes count toward quorum, and,
What happens if quorum isn’t met (e.g., rescheduling or lower quorum for adjourned meetings).

If state laws conflict with an HOA’s bylaws, state laws will prevail. This is because state laws have a hierarchy over the bylaws.

What is the Quorum for an Association?

Each HOA has its quorum requirements. Membership meetings often require 10% to 30% of homeowners present, while board meetings typically need a majority of board members present. Members should check their bylaws to understand the exact requirements.

What Are the Texas HOA Quorum Requirements?

Section 82.109 of the Texas Property Code, which applies to condominiums, sets quorum requirements. According to this section, unless bylaws say otherwise, at least 20% of homeowners (or their proxy voters) must be present at the start of an HOA meeting for it to count. The HOA can’t lower the quorum requirement below 10%.

For board meetings to be valid, at least 50% of the board members must be present at the start. If the bylaws require a higher percentage, that rule applies instead.

The Texas Residential Property Owners Protection Act does not specify a default quorum percentage for HOAs and POAs. In such cases, board members should check their governing documents.

HOA Annual Meeting No Quorum, What to Do?

If an HOA annual meeting doesn’t reach a quorum, the HOA board must reschedule it, along with elections (if any). Some HOAs allow a reduced quorum at follow-up meetings. Sending reminders, allowing proxy votes, and offering virtual attendance can help HOAs reach a quorum.

What Happens When There’s No HOA Meeting Quorum?

Without a quorum, no official business can take place. Board members must postpone all activities, including elections, budget approvals, and votes on rule changes. The meeting may continue informally, but the decisions won’t be legally binding.

How is a Quorum Determined?

The governing documents set the HOA quorum requirements. Some states also have laws that override HOA bylaws. The quorum requirements can be based on the number of homeowners in attendance. Depending on state laws and bylaws, they can also include proxy votes or absentee ballots.

What is a Quorum For? Why is it Important?

With a quorum, an HOA can ensure that decisions reflect most of the community’s interests. A quorum prevents a small group of homeowners from making major decisions without the involvement of others. Typically, this small group consists of the same homeowners who always attend meetings.

Does Quorum Apply to Both Board Meetings and Annual Meetings?

Yes. Board meetings require a quorum of board members to continue. Similarly, annual meetings require a quorum of homeowners or voting members. The exact quorum requirements for these meetings can vary from one association to another.

Can Proxy Votes Count Toward a Quorum?

Yes, if state laws and the governing documents allow it. Many HOAs let homeowners submit proxy votes to meet a quorum, especially if they have difficulty reaching an HOA voting quorum from physical attendees. State laws may say otherwise or have additional rules, so it is best to check.

Can Quorum Be Changed?

An HOA can change the quorum requirements, but it usually requires amending the bylaws. Amendments generally require a vote from the membership, which would, in turn, require a quorum. Additionally, some states have minimum quorum requirements that HOAs can’t lower.

What Can an HOA Do to Encourage Quorum?

An HOA can easily meet a quorum by sending meeting reminders, offering virtual participation (if permitted), and using proxy voting. Some HOAs also host social events alongside meetings to boost attendance. For example, an HOA can hold a small get-together with snacks and drinks before or after the meeting.

Can a Virtual Meeting Count Toward a Quorum?

It depends on state law and HOA bylaws. Some states allow virtual attendance to count, while others require physical presence. Hybrid meetings can also help increase participation.

What if a Board Meeting Doesn’t Have a Quorum?

If a board meeting lacks a quorum, the board members can’t take any official votes. The HOA board would have to adjourn the meeting and reschedule it later. Some bylaws allow informal discussions, but decisions must wait until a quorum is met.

The Final Word

Understanding HOA quorum rules is essential for board members and homeowners. Without a quorum, an HOA cannot conduct official business, making it difficult to operate without a hitch. Board members should encourage homeowners to attend meetings, while homeowners should do their best to get involved.

Graham Management offers exceptional HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!

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What Is A Quorum In A HOA? FAQs Answered