# of votes in Elections

I received our 2011 Board of Director's election material and I see it grants each unit holder 3 votes. We have 3 positions open as each member is elected annually. In reading our Bylaws I think we are only allowed one vote per unit. I queried the management company and they say the cumulative voting section grants these rights.

Who is right?

Our Bylaws

Section 8: Voting Rights: The Association shall have two classes of voting membership according to the following provisions:

Class A: Each owner of a unit other than Declarant shall be a Class A member and shall be entitled to one vote for each unit owned

Class B: Declarant shall be a Class B member. Class B membership entitles the holder to three (3) votes for each unit owned. Class B membership shall be irreversibly converted to Class A membership on the first to occur of the following:

A. The total outstanding voteheld by Class A members equal the total outstanding votes held by the Class B member;

or

B. Two (2) years from the date of the first conveyance of a condominium in the Project

WE ARE AN 7 YEAR OLD PROJECT SO WE ARE CLASS A

My management company responded with the following:

“The part you read was regarding voting owners, which it basically states that only one owner per unit can vote. Please read page 10 of your Bylaws Cumulative Voting.”

PAGE 10 of our Bylaws states the following:

Article VII – Cumulative Voting
An owner shall be entitled to cumulate his or her votes for one or more candidates for the Board of Directors if the candidate’s name or candidates’ names have been placed in nomination prior to the voting and if an owner has given notice at the meeting prior to the voting of his or her intention to cumulate votes. If any one owner has given such notice, all members may cumulate their votes for candidates in nomination. The candidates receiving the highest number of votes up to the number of Directors to be elected shall be deemed elected.

I still think one vote so I query the Management company and they say:

Definition of cumulative voting:

When It is Allowed. Cumulative voting only applies (i) to the election of directors when more than one seat is open and (ii) when provided for by an association's governing documents. Corp. Code §7615(a). Although optional under the Corporations Code, the Davis-Stirling Act makes cumulative voting mandatory if it's called for in an association's governing documents. Civil Code §1363.03(b).

How It Works. If there are 3 directors who serve 1-year terms, then all 3 come up for election each year. Under cumulative voting, members have 3 votes which may be distributed in any manner they choose (as long as no more than 3 votes are cast):

-3 votes for one candidate, or

-2 votes for one candidate and 1 for another, or

-1 vote each for 3 candidates

Richard,

I think you may have meant to say cumulative voting can only occur if more than ONE position is open. Also D-S states the assn shall allow for cumulative voting if allowed in the bylaws -- it does not say it is required.

so dang confusing; 1 part says one thing and another says another at least to the layman.

So I'm going on that they can cumulate vote. Not good but glad I'm aware of now.

This language was in my previous Bylaws and it was never followed.

"IF an owner has given notice at the meeting prior to the voting of his or her intention to cumulate votes." A management company may put it on the ballot, BUT no owner stood up at the previous meeting and said "I want to cumulate my votes".

Tim

In my case, we have no election committee and no inspectors of elections were contacted. In our case, I didn't like cumulative voting and proxies, so I got rid of the two.

David,

Yes, it can be confusing. Your mgmt co is correct in saying cumulative voting can take place in your HOA.