W.O. from New London County, Connecticut writes:
Dear Mister Condo,
If 40 owners in a 54-unit condo send in a proxy for an assessment and 35 are in favor, do we have a quorum to implement the assessment?
Mister Condo replies:
W.O., it really depends on your condo’s governing documents rules on voting for a Special Assessment. It looks like you have 54 eligible votes to be cast. That is the number you should base your percentage of vote needed to pass the assessment. If you have 35 votes in favor, 5 votes against, and 14 votes never cast, you may have fallen short of the requirement to pass as the effective vote is 35 to 19 in favor of the assessment. That works out to a little over 64%. If that is enough, you are good to go. If not, the assessment should not be passed until another vote is held. Those missing 14 votes cannot be assumed to be in favor nor can they be dismissed. Look at your rules on voting and follow them closely. An improperly imposed Special Assessment can be challenged in court by disgruntled unit owners. Better to get it right than have to start all over again. Good luck!