Condo boards require minimum participation to function. Quorum is the minimum number of individuals that must be present at a meeting to conduct business. Without quorum decisions made at a board meeting are not valid.
The size of a condo board is determined by its’ governing documents. For a five member condo board quorum requires that three directors be present. For a three member condo board quorum requires two directors to be present.
Some condo communities lack sufficient interested owners willing to serve as directors and fill positions on the board. This can result in not enough directors present at a meeting, even when all directors are in attendance, to meet quorum.
A condo board at a meeting where quorum has been met can appoint directors to fill vacancies until the next annual general meeting. Without quorum there is no authority to appoint directors or make decisions on behalf of the condominium corporation. A meeting of owners must be held to elect new directors.
Quorum can be lost when directors resign. An information certificate update (ICU) must be sent to owners within five days of losing quorum. Candidates have five days to submit their information for an election held at a meeting within 30 days of loss of quorum. When no board members remain on the board, or if remaining board members fail to call a meeting of owners, any owner can call the meeting to elect directors.
Communities unable to attract candidates willing to voluntarily serve as a director on the board likely suffer from other problems that may include unreasonable expectations or workload for directors, or resident abuse. A different approach becomes necessary.
- Compensation can be provided for time spent working on condominium business. For a community with a full-time condominium manager this amount may be a few hundred dollars per year. The amount is likely to increase as duties expand.
- Reduce the number of director positions, perhaps from five to three. This may require amendment of a by-law. Fewer directors can mean greater responsibility and time commitment for those that serve.
- Reduce the length of term, perhaps from three years to one year, to attract individuals unwilling to make a longer term commitment. This may require amendment of a by-law.
- Active use of committees can reduce the workload of directors in managing the corporation. Get residents involved in areas that interest them. This allows the board to focus on oversight and macro issues.
- Hire a manager or coordinator to guide and advise the board. A capable individual, in addition to the condominium manager, can take on much of the work expected of a condo board. This makes it easier for well-meaning inexperienced individuals to effectively serve on the board without feeling overwhelmed.
As a last resort the corporation can have an administrator appointed by the court to make decisions instead of a board. Compensation would be determined by the court and payable by the condominium corporation.