Legal Definitions - notice-based quorum

A notice-based quorum refers to a specific type of quorum where the minimum number of individuals required to be present at a meeting for its decisions to be legally valid is determined or influenced by the formal notice provided for that meeting. This can mean the quorum is calculated based on the number of people who received proper notice, or that the notice itself specifies the required quorum for the meeting to proceed.

• Homeowners' Association (HOA) Annual Meeting:

  The bylaws of a local homeowners' association state that a quorum for its annual general meeting is achieved if at least 25% of the members who were properly notified of the meeting are present. If the HOA sent out official notices to all 200 eligible members, then a minimum of 50 members (25% of 200) must attend for any votes or decisions made at the meeting to be legally binding. If only 40 members show up, the meeting lacks a notice-based quorum, and no official business can be conducted.

• University Board of Trustees Session:

  For a special session of a university's Board of Trustees, the university's charter specifies that a quorum requires a majority of the trustees who received at least 72 hours' advance written notice of the meeting. If there are 15 trustees in total, but only 10 were successfully given the required 72-hour notice for a particular urgent meeting, then a quorum would be 6 trustees (a majority of the 10 notified trustees), not 8 (a majority of the total 15 trustees). This ensures that only those who had sufficient time to prepare and attend, based on the notice, count towards the quorum.

• Shareholder Meeting for a Small Business:

  A small private company's operating agreement stipulates that for any shareholder meeting to approve a major corporate change, a quorum is met if shareholders representing at least 60% of the voting shares are present, provided that all shareholders received the mandatory 30-day advance notice. If the company fails to send out the 30-day notice to even one shareholder, then even if shareholders representing 70% of the shares attend, the meeting might not be considered to have a valid notice-based quorum because the prerequisite of proper notice to *all* was not met. The validity of the quorum is tied directly to the proper issuance of notice.