Rounding for Proxy Requirements

Started by DeeS1 • 5 replies • 1340 views

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DeeS1 (Michigan)
Posts: 223

Posted:

Off the top of your heads, does anyone know how rounding for proxy requirements work in Michigan? We are non-profit, and Michigan condo?

We require 35% eligible voters so, in a community of 49 eligible voters that would be 17.15 and gets rounder UP, correct? So 18 homes?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

correct - round UP to 18

17/49 = 34.693....% = no quorum =

SusanW1 (Michigan)
Posts: 5,202

Posted:

Dee - yes, 18 is correct, if it means 35% of properties with ONE vote per property.

'Membership" may mean a different thing. You may have 2 members from each home, or some other definition of membership.

How exactly does your quorum requirement read?

DeeS1 (Michigan)
Posts: 223

Posted:

Quorum. The presence in person or by proxy of 35% of the Co-owners qualified to vote
shall constitute a quorum for holding a meeting of the members of the Association, except for voting on
questions specifically required by the Condominium Documents to require a greater quorum.

All co-owners are "members," but each unit may have only one designated voting representative ... 1 vote per unit.

We actaully have 52 units, but 5 have outstanding deliquencies or violations, so they are not "qualified" to vote ... that puts us at 16.45 or 17 for quorum, then ... by my count.

DennisT (Ohio)
Posts: 109

Posted:

To be truly correct there is no rounding at all. Whether determining a quorum or the results of a vote, the required percentage is the absolute minimum. If the requirement is 35% then it means at least 35%, which 34.99999987% is not.

The first association I was a member of had a strange way of counting. An issue had to get at least 49% plus one tenth of the number of eligible voters to win. I think the idea was that during the first phase there were only eight units and they didn't want a situation where several units were ineligible to vote and an issue could pass with a high percentage but a low number of votes. By the time we moved in they had finished building and there were 64 units so it became more of a novelty when the president would announce that this or that issue needed at least 53.185% of votes to pass.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dee:

Here is the Condominium Act for Michigan:

http://www.legislature.mi.gov/(S(5j1seh45ku3fscism4osney0))/mileg.aspx?page=getObject&objectName=mcl-Act-59-of-1978

Be very careful with regards to “qualified to vote”. Depending on how it is stated in the documents “qualified” could in essence mean just a qualified owner of a unit. In some states non-payment of dues does not necessarily disqualify an individual from voting. In others it only may disqualify voting for board members but not for amendments. I did not find anything with quick look regarding Quorum, or for removing privileges due to non-payment, but did find the following for amendments. Just be sure interpretation is correct for your governing documents.

559.190 Amendment of condominium documents; consent; void provision superseded by subsection (2); reservation of right to amend; notice of proposed amendments; costs and expenses; master deed amendment; affirmative vote.

(2) Except as provided in this section, the master deed, bylaws, and condominium subdivision plan may be amended, even if the amendment will materially alter or change the rights of the co-owners or mortgagees, with the consent of not less than 2/3 of the votes of the co-owners and mortgagees. A mortgagee shall have 1 vote for each mortgage held. The 2/3 majority required in this section may not be increased by the terms of the condominium documents, and a provision in any condominium documents that requires the consent of a greater proportion of co-owners or mortgagees for the purposes described in this subsection is void and is superseded by this subsection. Mortgagees are not required to appear at any meeting of co-owners except that their approval shall be solicited through written ballots. Any mortgagee ballots not returned within 90 days of mailing shall be counted as approval for the change.

(8) For purposes of this section, the affirmative vote of a 2/3 of co-owners is considered 2/3 of all co-owners entitled to vote as of the record date for such votes.

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