Block Voting

Started by RonG4 • 8 replies • 1931 views

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RonG4 (Maryland)
Posts: 3

Posted:

I live in an mixed HOA in Maryland. There are over 3,000 homeowners. There is also an apartment complex that exercises 723 votes each year. Because of the apathy here in Maryland fewer than 300 homeowners vote each year and in reality the apartment owners control the Board.

My questions:

1-Is block voting authorized in Maryland? Does there need to be a separate balet cast for each home owned or can one ballet be used? and

2-There are class A and B votes. When the development was first organized it was done so that a certain number of class B votes wee needed inorder to change the by-laws/covenants. With the number of apartment votes this can NEVER happen without their permission. Since this was apparently an intention of the developer and the purchasers of homes were never told that they could not change the by-laws can this be challenged and sales invalidated based upon deceipt and fraud?

THANKS for any help provided.

Ron Grossman
POCA - Maryland

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Need more information...Is it still Developer controlled? Has the HOA been turned over to the owners? Sounds like if it has been turned over to the owners, then the A/B voting system is no longer in effect. This should also allow the HOA to make the necessary changes. The first change of course would be the voting structure...

Former HOA President

JeanneK3 (Maryland)
Posts: 562

Posted:

Ron:
Rather than change the voting structure, you should address the apathy. Is the board communicating regularly with homeowners with newsletters and a web site? Do you poll your members for what they consider important? Since you probably need 66 and 2/3 of the homeowners to change the bylaws anyway, better to bring everyone together rather than try to push through a bylaw change that further divides the community. See www.marylandhomeownersassociation.info, Alerts, for info about bylaw changes.
Jeanne

RonG4 (Maryland)
Posts: 3

Posted:

Thanks for responding. The Communitty has been turned over to the Communitty BUT the apartment owners and their attorneys still hold that the A/B Votes are still valid. Communication is godd BUT in this two family economy of mostly government workers no one cares. Obtaining 725 proxies BEFORE we even stand a chance of changing things is a daunting task. I think the best way is to invalidate the original set of by-laws and covenants as fraudulent in intent and desire showing a conspiracy in the form of a pyramid scheme.

Any good lawyers out there? or is this something that I should be the AG and newspapers involved in?

Is block voting legal?

Ron

GlenL (Ohio)
Posts: 5,491

Posted:

The Community has been turned over to the Community BUT the apartment owners and their attorneys still hold that the A/B Votes are still valid.

What does the HOA's attorney have to say on that? Have you read your CC&R's? Most of them specify when the A-B thing ends, usually at turnover.

Studies show that 5 out of 4 people have problems with fractions

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Ron:

Fair warning … you will potentially never see an attorney give advice on here. For the most part we are all homeowners such as you from various backgrounds and offer advice based on our experiences. Just want you to keep in mind we are not offering legal advice even though some items posted may include snippets from your state statutes. It is advice to hopefully educate and individuals can seek legal counsel as needed.

My first question would be are your HOA documents based on and legally required to follow the Condominium statutes?

Here is a link for your state statutes:

http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp

If you are to follow the Condominium statutes the following is one of the sections and which states:

§ 11-109. Council of unit owners.

(9) At meetings of the council of unit owners each unit owner shall be entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, but the proxy is effective only for a maximum period of 180 days following its issuance, unless granted to a lessee or mortgagee.

(12) Only a unit owner voting in person or by electronic transmission if the requirements of § 11-139.2 of this title are met or a proxy voting for candidates designated by a unit owner may vote for officers and members of the board of directors.

Now if you review the definitions the following is stated for “Unit Owner”:

(r) Unit owner.- "Unit owner" means the person, or combination of persons, who hold legal title to a unit. A mortgagee or a trustee designated under a deed of trust, as such, may not be deemed a unit owner.

Therefore, potentially if you are under the Condominium statutes and as I read the statute it would require each “unit owner” to vote.

If you would like you could post the exact verbiage from your governing documents for any sections you are concerned and we can give an opinion to maybe help clarify any questions you have about said sections.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Just at first flush, I can't understand why an individual apartment lease-owner would have the equal voting status as a homeowner.

Are you sure that the "block" is not the single voice of the apartment buildng. 1 vote from each building?

Please keep us informed as to the voting status of each entity in this huge complex.

RonG4 (Maryland)
Posts: 3

Posted:

The attorney takes the party line in this matter. Each apartment is viewed as a separate home and a separate vote. I guess that I could rent out my bedrooms and have a separate vote for each one IF I were to pay HOA fees on each unit. Apathy is the real issue but for now it seems a question of challenging the legal technicalities as often as possible.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By RonG4 on 04/14/2011 9:30 PM
The attorney takes the party line in this matter. Each apartment is viewed as a separate home and a separate vote. I guess that I could rent out my bedrooms and have a separate vote for each one IF I were to pay HOA fees on each unit. Apathy is the real issue but for now it seems a question of challenging the legal technicalities as often as possible.

What matter's is how the votes are apportioned in the CC&R's and any applicable law.

Studies show that 5 out of 4 people have problems with fractions

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