The requirements for meeting an HOA quorum vary across the country because no federal standard exists. Some areas rely on a specific percentage of membership, while others leave it to the HOA’s bylaws.
What is an HOA Quorum?
A quorum is the minimum number of voting members who must be present at a meeting for the board to conduct official business. This is usually outlined as a percentage of all eligible votes.
HOA members can count toward the quorum, usually by attending in person. However, some state laws and governing documents also allow alternative ways to join, including proxies or absentee ballots. In other cases, remote participation virtually may also be allowed,
A membership quorum would apply to homeowner meetings and elections. Meanwhile, a board quorum specifies the minimum number of directors who must be present for the board to make decisions or take action.
The quorum, however, is different from the number of votes needed to approve an action or elect a person. For example, an HOA may require 20% of its voting interests to be represented at an HOA meeting; that is a quorum. However, for a proposal to pass, you will need either a majority or a supermajority.
How HOA Quorum Requirements are Determined
Before creating or amending an HOA quorum policy for your association, you should first determine what state legislation says. After finding the applicable law, your HOA board needs to review your association’s governing documents.
State law may provide a default number if your governing documents don’t specify one. At the same time, some states allow the governing documents to set the quorum requirement.
HOA Quorum Requirements by State
What HOA quorum laws do you need to know? Here are the different requirements per state.
Alabama
Alabama condominium law generally establishes a 20% membership quorum unless the bylaws provide otherwise. Non-condominium HOAs usually rely on their governing documents and applicable corporate law.
Alaska
In most common-interest communities in Alaska, the executive board generally requires a quorum of 20% of the votes cast. The bylaws may establish another percentage.
Arizona
Arizona condominiums typically require a 25% quorum unless the bylaws specify a different percentage. Meanwhile, planned communities organized as nonprofit corporations might be subject to a 10% default if the governing documents don’t specify a percentage.
Arkansas
Arkansas does not impose a single quorum percentage for all HOAs in the state. Instead, a nonprofit association generally has a 10% default unless its articles or bylaws require a different one.
California
HOA quorum California requirements are usually set at one-third of the voting power unless the bylaws provide otherwise.
For director elections in common-interest developments, an association that fails to reach quorum may reconvene at least 20 days later. Quorum for the reconvened election is generally 20% unless the governing documents allow a lower percentage.
Colorado
Colorado common-interest communities generally use a 20% membership quorum unless the bylaws provide otherwise. Associations with more than 1,000 units generally have a 10% statutory default.
Connecticut
Connecticut common-interest communities generally require 20% of the association’s votes to be represented. The bylaws may establish another valid percentage.
Delaware
Delaware common-interest communities generally use a 20% quorum unless the bylaws provide otherwise. An additional participation requirement may apply to owners who are not affiliated with the declarant.
Florida
Florida homeowners’ associations generally require 30% of the total voting interests unless the bylaws set a lower percentage.
Condominium associations generally require a majority unless their bylaws allow a lower threshold. Condominium director elections follow separate ballot-participation rules.
Georgia
Georgia property owners’ associations generally require more than one-third of eligible votes to be represented. The legal instruments or bylaws may establish another percentage.
Hawaii
Hawaii does not impose a single quorum percentage on all HOAs or condominiums. Associations must review Chapter 514B, their declaration, and their bylaws.
Idaho
Idaho does not have a comprehensive planned-community quorum standard. A nonprofit HOA generally has a 10% default unless its articles or bylaws provide otherwise.
Illinois
Illinois common-interest associations generally use a 20% quorum unless their governing documents specify a lower percentage. Many condominium associations with at least 20 units also use a 20% baseline.
Indiana
Indiana does not set a single percentage for every HOA. A nonprofit association generally has a 10% default unless its articles or bylaws specify a different amount.
Iowa
Iowa associations commonly determine quorum through their governing documents. A nonprofit HOA generally has a 10% default when those documents are silent.
Kansas
Kansas common-interest communities generally use a 20% membership quorum unless the bylaws provide otherwise. Authorized proxies and absentee ballots may count.
Kentucky
Kentucky condominium law generally uses a 10% quorum unless the bylaws provide otherwise. A similar default may apply to nonprofit association meetings.
Louisiana
Louisiana homeowners’ associations covered by the current statutory provisions generally use a 20% quorum unless the bylaws provide otherwise. Older associations may follow different rules.
Maine
Maine condominium associations generally require 20% of eligible votes to be represented unless the bylaws provide otherwise. Non-condominium HOAs may rely on their governing documents and corporate law.
Maryland
Maryland generally allows an HOA’s governing documents to establish the initial quorum. After a failed meeting, the statute provides a procedure for additional meetings, under which the owners present at such a meeting may constitute a quorum.
Massachusetts
Massachusetts does not establish one statewide percentage for every HOA or condominium. The governing documents and applicable corporation law generally control.
Michigan
Michigan nonprofit corporation law generally uses a majority of the voting power as the default. The articles or bylaws may establish a higher or lower requirement.
Minnesota
Minnesota common-interest communities generally require more than 20% of the votes cast for the board. The bylaws may provide another percentage.
Mississippi
Mississippi does not impose a comprehensive quorum rule on every subdivision HOA. A nonprofit association generally has a 10% default unless its governing documents state otherwise.
Missouri
Missouri nonprofit corporation law generally establishes a 10% membership quorum when the governing documents are silent. HOA or condominium documents may specify a different amount.
Montana
Montana condominium law generally uses a majority as the default membership quorum unless the bylaws provide otherwise. Other HOAs must review their documents and corporate structure.
Nebraska
Nebraska condominium law generally establishes a 35% membership quorum unless the bylaws provide otherwise. Other nonprofit HOAs may have a 10% default.
Nevada
For Nevada common-interest communities, the law outlines a 20% quorum unless the governing documents provide otherwise. A reduced quorum may apply after a properly noticed meeting fails.
New Hampshire
In New Hampshire, condominium laws generally require more than one-third of eligible votes to be represented unless the condominium instruments provide otherwise.
New Jersey
The New Jersey nonprofit corporation law generally requires a majority of eligible votes unless another statute, the certificate of incorporation, or the bylaws provide otherwise.
Quorum New Mexico
New Mexico condominium association quorums generally sit at 20% unless the bylaws provide otherwise. Other HOAs usually rely on their governing documents and nonprofit law.
New York
New York nonprofit corporation law generally requires a majority of the total votes unless the certificate of incorporation or bylaws establish a different valid quorum. Condominium bylaws usually control for condominium associations.
North Carolina
North Carolina planned communities generally use a 10% membership quorum unless the bylaws provide otherwise. Condominiums generally use a 20% default.
North Dakota
North Dakota does not have a comprehensive planned-community statute that sets a single percentage for all HOAs. The association’s bylaws and applicable nonprofit corporation law generally control.
Ohio
Ohio’s planned-community statutes and condominium statutes generally defer to the declaration or bylaws for membership quorum. Nonprofit corporation law may apply when the documents are silent.
Oklahoma
Oklahoma does not establish one statutory quorum percentage for all planned communities. HOA bylaws and applicable corporate law generally determine the requirement.
Oregon
Oregon planned communities generally use a 20% membership quorum. The declaration or bylaws may require a higher percentage.
Condominium associations are governed by a separate statutory chapter, and they should verify which rule applies to their property.
Pennsylvania
Pennsylvania planned communities generally use a 20% membership quorum unless the bylaws provide otherwise. Similar rules apply to many condominium associations.
A fallback process may be available after repeated meetings fail to reach quorum.
Rhode Island
Rhode Island common-interest communities generally require that 20% of association votes be represented unless the bylaws specify a different percentage.
South Carolina
South Carolina does not impose a single universal percentage on all HOAs. Subdivision associations generally rely on their articles, bylaws, and nonprofit corporation law.
South Dakota
South Dakota does not have a comprehensive planned-community quorum standard. The declaration, bylaws, and applicable corporation law generally control.
Tennessee
A Tennessee nonprofit HOA generally has a 10% default unless its charter or bylaws provide otherwise. Condominiums covered by the newer statute generally use a 20% default.
Texas
Texas condominium law generally establishes a 20% membership quorum. The bylaws may change the percentage but generally cannot reduce it below 10%.
Chapter 209 does not impose the same statewide percentage on subdivisions as Texas HOA quorum requirements. Their dedicatory instruments and nonprofit corporation rules usually determine quorum.
Utah
Utah requires community association bylaws to address quorum but does not impose one universal percentage on every HOA. Instead, the bylaws and applicable nonprofit law or condominium law dictate them.
Vermont
Vermont common-interest communities generally use a 20% membership quorum. The bylaws may set a different percentage but generally cannot reduce it below 20%.
Virginia
The Virginia planned-community law generally leaves membership quorum to the governing documents and corporate law.
Virginia condominium law generally requires more than one-third of the voting power unless the condominium instruments provide otherwise. A court remedy may be available after repeated failed election meetings.
Washington
Washington uses several statutory frameworks. The older Homeowners’ Associations Act generally sets a 34% default unless the governing documents state otherwise.
The Uniform Common Interest Ownership Act generally uses 20%, while condominiums covered by the older Condominium Act generally use 25%. The association must identify which law governs its community.
West Virginia
West Virginia common-interest communities generally use a 20% membership quorum unless the bylaws provide otherwise.
Wisconsin
Wisconsin condominium law requires bylaws to state the attendance needed for a quorum. It does not impose one universal percentage on every association.
Wyoming
Wyoming does not establish a statewide quorum percentage for every planned community. Associations generally rely on their declaration, bylaws, and applicable corporation law.
HOA Annual Meeting No Quorum: What Happens?
What happens when your HOA annual meeting didn’t meet the quorum requirement? The association cannot conduct binding membership business. If elections or motions are on the agenda, a valid meeting can’t proceed.
In such scenarios, the meeting chair should announce that no quorum is present. After that, members present may usually adjourn the meeting. They shouldn’t continue conducting official business.
As best practice, your HOA board should review state laws and governing documents before scheduling another meeting. In some states, the law allows a reduced quorum for a reconvened meeting. Other places allow reductions only for elections or after several failed attempts to meet.
When an election is delayed and the turnover date is approaching, existing directors may be allowed to remain in office. They can stay in their positions under a holdover provision until their successors are elected. However, the HOA should still continue making reasonable efforts to hold a valid annual meeting.
How to Meet HOA Quorum Requirements
Does your HOA have trouble meeting quorum requirements? You can take steps to fix this.
First, the board should calculate the correct HOA quorum number before sending the meeting notice. For this, the board needs to consider voting power, not property or attendee count.
Boards should calculate the correct HOA quorum before sending the meeting notice. Use voting power rather than simply counting homes or attendees.
When creating the meeting notice, your HOA should explain alternative ways to participate in the vote, if your state law or governing documents allow it. These alternative ways may include proxies, e-ballots, absentee ballots, or remote attendance. The notice should also include instructions on how to do so.
If residents plan to use authorized proxies or early ballots, the HOA should start gathering them early. Reminder notices can also help homeowners understand how their participation may be needed, even if they don’t plan to attend.
In cases when your HOA repeatedly fails to reach the quorum requirements, your association may consider amending its bylaws. These amendments should comply with state laws, and the HOA should approve them through the required process.
Reaching Quorum Requirements
HOA quorum requirements vary by state, community type, and governing documents, so no single percentage applies nationwide. Boards should confirm the controlling rule before conducting an annual meeting, election, or membership vote.
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