1. A. Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent of the votes that may be cast for election of the executive board are present in person, by proxy or via simultaneous, remote electronic means at the beginning of the meeting.
2. B. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting.

History: Laws 1982, ch. 27, § 42; 2025, ch. 62, § 2.

ANNOTATIONS

Compiler's notes. — This section is substantially similar to § 3-109 of the Uniform Condominium Act.

The 2025 amendment, effective June 20, 2025, provided that unit owners may appear remotely for purposes of a quorum for any association meeting; and in Subsection A, after "by proxy" added "or via simultaneous, remote electronic means".

COMMISSIONERS' COMMENT

Mandatory quorum requirements lower than 50 percent for meetings of the association are often justified because of the common difficulty of inducing unit owners to attend meetings. The problem is particularly acute in the case of resort condominiums where many owners may reside elsewhere, often at considerable distances, for most of the year.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16.

31 C.J.S. Estates § 153 et seq.