BOD Quorums: My board is supposed to have three members, and our bylaws require a quorum to conduct business. The Board lost a member that had not been replaced, yet the two remaining members continued to conduct business. Is that allowable under the Maryland HOA Act?
The Maryland HOA Act does not specify the quorum requirements for board meetings. To understand what your quorum requirements are, make sure to check your governing documents. That being said, it is worth visiting § 11B-111 – 5(a) of the Maryland HOA Act. This section states:
“(a) Receiver appointed if quorum fails. — If a homeowners association fails to fill vacancies on the governing body sufficient to constitute a quorum in accordance with the bylaws, three or more owners of lots may petition the circuit court for the county where the condominium is located to appoint a receiver to manage the affairs of the homeowners association.”
It is best to elect or appoint (if permitted by your bylaws) someone to replace the board member who left so that the board can conduct business without problems.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.