voting

Started by DerikM • 3 replies • 1482 views

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DerikM (Utah)
Posts: 2

Posted:

who is all allowed to vote, is the president or board members allowed to vote, also does the bank have a right to the majority of all votes they say a vote doesn't count unless occupied and they count each vote for themselves when none of the houses they own are occupied

MelissaP1 (Alabama)
Posts: 13,836

Posted:

1 lot = 1 vote despite who owns it. Multiple owners still have 1 vote. Only 1 can be on a board. However, the other can be on a non voting committee.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Derik,

At Board Meetings the voting body is the Board of Directors. 1 vote per director. Although Directors typically fill officer positions, its the Director that votes and not the officer.

At general membership meetings, the membership votes. Typically it's one vote per Lot. If there are more then one owner of the same Lot, they must get together and decide how to cast the one vote the Lot has. However, you will need to verify this with your governing documents - especially if the developer still owns some lots as some governing documents allow the developer to have more than 1 vote per Lot that they own. Typically members of the Board own a lot and therefore would exercise their vote on that lot. Additionally, most, but not all, Associations also allow proxies - a representative other then the lot owner to vote in place of the owner.

Some governing documents specify that a member who is not in good standing may not vote. Typically a member is not in good standing if they are behind in paying their annual assessment. However, it could also include fines, fees or just being in violation of the rules. You will need to check your Associations governing documents to be sure.

Mortgage Holders, depending on the wording of your governing documents, may or may not have any vote. Typically there is some sort of wording preventing the amending of certain governing documents (CC&R's usually) without the consent of the mortgage holder. However, this is usually satisfied by a simple mailing to the mortgage holder saying the change is up for a vote and unless they reply to the contrary, it is expected that they concur with the amendment if passed.

As for the ability of the owner to cast a vote based on the property being occupied, you will need to check your governing documents. I have not personally heard of such a clause but that doesn't always indicate that it can't be part of the governing documents.

If you could answer a few questions better answers might be available:

1) Are you in an condominium?

2) Is the issue in question being decided at a meeting of the Board or at a general membership meeting?

3) Does you governing documents say anything about voting by units being occupied (like residents or lessees are the voting authority in specific issues)?

4) Is your Association incorporated?

Tim

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MelissaP1 on 03/03/2011 5:00 PM

1 lot = 1 vote despite who owns it.

Melissa,

I would have thought that as well. However, per Alabama Condo Law [emphasis added]:

Section 35-8A-310
Voting; proxies.

(a) If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless either the declaration or bylaws expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

(b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by the unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.

(c) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (i) the provisions of subsection (a) and (b) apply to lessees as if they were unit owners; (ii) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (iii) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in section 35-8A-308, of all meetings at which lessees may be entitled to vote.

(d) No votes allocated to a unit owned by the association may be cast.

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