Parkwood Neighborhood

Inquiry About Quorum for Sep 20 Annual Meeting

Letter to Board of Directors, Sep 25, 2007

September 25, 2007

Board of Directors
Parkwood Maintenance Association, Inc.
c/o AMS
1600 North East Loop 210, Suite 202
San Antonio, TX 78209

Dear Sir:

At the September 20 convened Annual Meeting attendees and proxies were used to establish the quorum for the meeting to be held and continued. Per the association bylaws, Article III, Meetings, Section 5, Quorum, a quorum is required to be maintained for the meeting to start and continue, and if lost, the meeting may only be adjourned.

The association’s lawyer noted late in the evening an absence of a quorum and the meeting was adjourned directly. This point raises a parallel question that when attendees and proxies were counted to determine whether a quorum existed to begin the meeting, those proxies held by the association Secretary were included in the count.

• What was the count of valid attendees and proxies at the start of the meeting?
• What is the required minimum count to conduct the meeting?
• What was the number of proxies held by the association Secretary?
• When the association Secretary left the meeting (during the discussion period of the motion to accept the prior meeting’s minutes), his presence and the proxies held by him would not be able to be counted towards the total existing (continuing) at the meeting to count towards the continuous quorum requirement?
• When the association Secretary left the meeting was the quorum lost?

If the quorum was lost when the association Secretary left the meeting, then per the bylaws the meeting could not continue to be conducted, thus apparently no business could be further conducted on September 20.

I request a written legal consideration be made and provided me and the membership as soon as possible, perhaps before association officers take their duties, to confirm whether the conduct, business, and activities of this meeting are to be voided.

Respectfully,
Member