New York, NY asked in Business Formation and Business Law for Rhode Island

Q: Ri based condo association attorney recommending the following by-law changes with respect to quorum.

In anticipation of this year's annual meeting the executive board and

management are recommending the attached amendment to the

associations by-laws.

Our current quorum requires call for a minimum of 60% of the

community to participate in order for any business to be valid. When

this rule was written, a single party owned the entire property, and for

the majority of our history since, at least two thirds of the property has

been owned by a single entity. This made meeting these quorum

requirements easy to fulfill. While it is likely that meeting the 60%

requirement will not be an issue this year, in the future, a lower

number is much more common both in participation and quorum

requirements.

We are therefore recommended the quorum requirement be adjusted to

33% or about one third of the community

1 Lawyer Answer
Neville Bedford
Neville Bedford
Answered
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: This is not the place to conduct condo association business. Meet with your attorney in private to discuss the impact of this proposed revision. §34-36.1 will likely come up during your consultation http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-36.1/INDEX.HTM

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