Is an HOA sitting Board a Voting Entity?

Started by PatH9 • 6 replies • 1444 views

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PatH9 (Oregon)
Posts: 12

Posted:

We have an extension vote coming up on our CC&R's and the extension requires 55% of registered lot owners to vote yes.

Since the HOA owns the common area lots can the sitting board cast a vote?

This may sound like a simple question but there is case law in California that states that the board may due just that!

THE COURT: DINE V. PINE MOUNTAIN CLUB PROPERTY, CASE NUMBER PC028107.

Also the board is stating that each titled property constitutes 1 vote so if you own 4 properties you have 4 votes

so

if the board can vote and the HOA owns 10 properties they can essentially cast 10 votes!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Board members are Members of the HOA and will act in that role when casting a vote, so each member has the number of votes, as outlined in your documents.

Ps Our members get ONE vote no matter how many parcels they own.

I don't know how you are going to figure out how to count votes when members get multiple votes. How will you figure out the percentage needed to pass a motion?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Make them show you the bylaw that gives multiple votes to an individual member.

PatH9 (Oregon)
Posts: 12

Posted:

Here is what is stated in the current CC&R's about voting

(d) At any time prior to December 31, 2010, the owners of record of lots constituting not less than 55% of the total number of lots in the plat maps of the land may extend the term of the provisions of this declaration. Said term may be extended to December 31, 2025 by executing and acknowledging a written instrument of extension to that effect so as to entitle the same to be recorded in deed records of Clackamas County, Oregon and by causing the same to be recorded

PatH9 (Oregon)
Posts: 12

Posted:

Thanks Susan for your response but what I meant to get across was Can the Board itself, not the indviduals on the board, vote?

PatH9 (Oregon)
Posts: 12

Posted:

Thanks Susan for your response but what I meant to get across was Can the Board itself, not the indviduals on the board, vote?

SusanW1 (Michigan)
Posts: 5,202

Posted:

This is the crux of the matter: if parcel ownership constitutes a "vote" then the 10 parcel-vote may be cast according to the board's decision.

Then, each board member gets to vote as an indivudual parcel owner.

IF the vote is based on number of members voting, then NO, the board does not get to vote (as a block)

That is why you must be shown the bylaw that gives the vote according to the number of parcels a member has.

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