Quorum in South Carolina HOA

Question:

our covenants state:
Member neither attends the meeting nor returns his executed proxy, then such Member shall be deemed present for purposes of determining a quorum and shall be deemed to have given his proxy to and for the majority present and voting.
Is this really legal?
To top this off, the proxy gives the authority to vote to “someone.” that’s what is say – someone.
So with attendance at annual meetings usually below 50%, this appears to give the board the majority, almost all the time without even considering the members in attendance.
Again, is this legal? Just because something is written in the covenants doesn’t make it legal.

– Michael

 

Answer:

Hi Michael,

If the association is incorporated as a non-profit, then the South Carolina Nonprofit Corporation Act of 1994 Section 33-31-722(a) states that: “Unless this chapter, the articles, or bylaws provide for a higher or lower quorum, ten percent of the votes entitled to be cast on a matter must be represented at a meeting of members to constitute a quorum on that matter.” That said, whether your provisions are allowable may depend on what “representation” means according to the law. It’s best to consult a lawyer to verify whether the CC&R’s provisions are valid.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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