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Homeowners Association Failure of Elections?

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1 Homeowners Association Failure of Elections? on Mon Mar 11, 2013 8:21 pm

jpadriga


Arresto Menor
Hello Everyone.

I'm a 2-termer Board of Director in a Homeowners Association in a huge subdivision in Central Luzon.

We just recently concluded our Homeowners Association Elections here for the 3rd consecutive year. Just like the first 2 elections, out of 1000+ HOA members in good standing, only 200-300 members casted their votes, despite being repeatedly notified using multiple mediums at least one (1) month prior to the elections.

Surprisingly this year, a small group of 7 HOA members (2 winning candidates and 5 losing candidates) are now complaining on the grounds of failure of elections for lack of quorum. If this is a valid argument, does this mean that the last 2 exercises were failure of elections too?

I am aware that coming up with a quorum is a common challenge during HOA elections nationwide. I have checked multiple resources from HLURB, by-laws, IRRs, magna carta, etc., that could support that we had a valid quorum/HOA elections. I haven't found any yet that I could use to support my argument.

In this regard, can someone please enlighten me the definition of a quorum in relation to holding HOA elections? Is it simply 50% of the HOA members in good standing plus one?

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karl704


Prision Mayor
Quorum should be defined by the by laws. If it is silent, I think it is indeed 50% plus 1. But you may argue that there is a precedent, i.e. the 2 previous elections; especially if the complainants have participated in those exercises. Rule 10 of the IRR of the Magna Carta governs elections of HOAs. Considering that an election this year has been held, the complainants remedy is election contest under sec. 61 of the same IRR so that the issue of quorum may be settled by the Election Committee, if there is one, or by the HLURB Regional Office.

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jpadriga


Arresto Menor
Thanks for the reply karl704.

I checked with our by-laws and indeed, it is stated there that quorum is majority of the members in good standing present in person or proxy shall constitute a quorum at any meeting.

I do see a different view when you stated that there has been a precedent and in fact, 6 of the 7 complainants have participated in those exercises. 4 of the complainants were elected BODs last year but lost in the recent elections. Again, in the 2 previous elections and the 1 just recently concluded, the homeowners in good standing who chose to cast votes have never exceeded 400, far from the 1000+ homeowners who were qualified to vote.

The complainants immediately contested the recent election and filed a complaint guided with what is in Section 61 of the IRR, though they filed a different complaint (illegal campaigning). The Election Committee dismissed the complaint because of the absence of evidence and now the complainants have forwarded a complaint to HLURB claiming failure of elections because of lack of quorum, questioning the very same exercises which they took part in the previous year/s.

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