We have disagreement in our condominium association regarding definition of quorum.
Our board consists of 7 trustees.
2 are removed. 5 are current interim number of trustees.
The bylaws defines the quorum as a majority of trustees without indicating if it's relates to current interim board or not. The bylaws also states that board of 3 remaining trustees, which is the minimum number of trustees, that can make decisions and govern association.
Definition of quorum is different for a public body and a private entity.
Is a condominium association/HOA a public body ?
The question is: what would be a quorum for our association, 3 or 4?
Clarification and references to legal sources would be greatly appreciated.
What constitutes a quorum for your condo board will entirely be determined by your condo docs, there is no "general" definition of what it would be. A quorum would only be required for trustee meetings. If the by-laws allow decisions by 3 trustees, 3 may be able to act. Without knowing what your issue is and reviewing your documents it's impossible to say. The law that governs condos is MGL c. 183A, but the only thing that it says in Section 10 is that the ASSOCIATION "shall" have certain powers. What is needed to exercise those powers is determined by your condo docs, not the law. For instance, it would be perfectly legal to hire a management company that made all these decisions for you, without any direct need of the trustees to vote on anything ever. Contact a lawyer to go over what your actual issues are and review your specific documents, that's the only way to answer your question.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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