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BruceF1 (Connecticut)
Posts: 2,535
Posted:
We had our annual meeting last night during which I made an interesting observation; something which had never occurred to me before.

Our documents state that each unit has one vote. I'm certain that for many of you it is the same. Frequently, the husband and wife, who are co-owners of a unit, both attend the meeting. On a motion that is made and seconded, a voice vote ("viva voce") is often taken, either by a show of hands or often, simply by saying "aye" or "nay."

It is almost instinctive for anyone sitting in the audience to respond by saying "aye" or "nay." So, the question is, in these cases, how can one be certain there is only one "aye" or "nay" per unit?
SheliaH (Indiana)
Posts: 6,964
Posted:
I suppose if both the husband and wife say aye or nay at the same time on the same motion, it probably doesn't matter. There could be a problem if one says yea and the other says nay. In that case, I would say whoever speaks up first casts the votes for that unit.

As a practical matter, remind people of the one vote per unit rule when the annual meeting notice is mailed and again at the meeting. Tell everyone if they co-own a unit, they need to decide among themselves who will cast the vote - that person can sign the sign-in sheet at the meeting. If you don't have a huge crowd, it would be easy to tell if the right (or wrong) person is casting a vote.

Or you can work exclusively with paper ballots (although that would likely be too cumbersome.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
For us, other than approving the minutes, there are no motions that normally come up which require a vote that isn't already on the ballot. I believe reminding people prior to a yea/nay or hand vote would be good.

Excellent observation. On the flip side of that observation, in a yea/nay vote, how do you account for proxies?
FredS7 (Arizona)
Posts: 927
Posted:
Voice votes should be used only on non-controversial measures where there is no (or almost no) disagreement. If there is any doubt it is usual to call for a vote by a show of hands, or in the most controversial cases a roll call.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Fred is correct. Voice votes are for matters where the outcome is reasonably assured. Any board member could easily call for a "show of hands" if a voice vote seems too close to determine the outcome - ensuring the one vote per property rule. Otherwise, I wouldn't care if the dog howled when calling for "Yeahs" and "Nays."
CarolR11 (Colorado)
Posts: 2,563
Posted:
We, too, only ask Members to approve the minutes from the previous meeting of the Members (usually an annual meeting).
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Thank you all for very excellent replies.

Tim, you raise another point I hadn't thought about. What about proxies? The purpose of a proxy is for a person to represent a member that is unable to attend to vote on any matter that may be brought up at the meeting. So, in a voice vote, how does a member who holds a proxy for another member (or members) vote more than once? Does he say "yea" (or "nay") twice (or more)? Or does he shout twice (or more times) as loud?

A show of hands doesn't work well unless you can recognize whose hands are up (and that takes the time). A count doesn't work unless someone recognizes everyone there.

Fortunately, in our case, the only issues brought to a voice vote were procedural issues, which I suppose in the end, didn't really matter. The vote on the budget, and the election of directors, were both done by ballot.

Our documents do stipulate that if more than one owner attends a meeting, only one may vote for all of them, and there is a procedure that must be followed if there is a disagreement. The suggestion that people be reminded there is only one vote per unit is what I would personally recommend.

As for last night's meeting: There were two positions on the board, and I was re-elected to one of them. Actually, that's not entirely correct, since I had "retired" from the board several years ago, but have been urged by several homeowners over the past few months to seek election to the board again, so here I am. One homeowner came up to me after the meeting and said he was glad I was on the board again because the board "needed adult supervision." Wish me luck folks, here I am for another two years.

By the way, apathy is NOT one of our problems. Micro-management of the board IS none of our problems.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Bruce,

You have recognized nearly all the problems with voice-votes or show-of-hands voting. I can add one more situation where it does not work well at all:

In my HOA we each purchased unimproved parcels that were originally 36 acres or larger. Our CC&R's specify that each parcel has one vote per acre and that all owners of a parcel must be in agreement on the ballot that they cast. Our developer copied bylaws from some other association when he set ours and there is a provision in the bylaws for voice voting at the annual meetings. I own 40 acres and have 40 votes. If we were to vote in favor of something, would my wife and I have to shout "Aye" 40 times in unison or would we just shout it out once but 40 times louder than normal?

Voice voting just does not work in most HOA's for the reasons you set out above.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By LarryB13 on 11/27/2012 3:50 PM
Bruce,

You have recognized nearly all the problems with voice-votes or show-of-hands voting. I can add one more situation where it does not work well at all:

In my HOA we each purchased unimproved parcels that were originally 36 acres or larger. Our CC&R's specify that each parcel has one vote per acre and that all owners of a parcel must be in agreement on the ballot that they cast. Our developer copied bylaws from some other association when he set ours and there is a provision in the bylaws for voice voting at the annual meetings. I own 40 acres and have 40 votes. If we were to vote in favor of something, would my wife and I have to shout "Aye" 40 times in unison or would we just shout it out once but 40 times louder than normal?

Voice voting just does not work in most HOA's for the reasons you set out above.


Love it!
EllieD (Vermont)
Posts: 446
Posted:
And then there is the Condominium Association, where the fraction or percentage of the undivided interests, might vary for different Condo Units, and that percentage also determines the portion of the vote allocated to a specific Condo Unit.

If for example, some Units have a 2.425% vote while other Units only a 2.185% vote, then that has to be taken into account, in addition to a “majority in interest” of the multiple owners of a single Condo Unit.

However, as most probably know, in real life, means little, unless for example, half of all the Units voting had the higher percentage and half of all the Units voting had the lower percentage. Then if all the units with the higher percentage voted “aye”, and all the Units with the lower percentage voted “nay”, then instead of a tie vote, the Units with the larger percentage vote would prevail – if anyone could figure out with a voice vote, who voted how. We also use voice votes, or show of hands, only for non-controversial routine matters.

Bruce, based on your postings, I hope you are welcomed back on the Board with open arms.
JeanI (Louisiana)
Posts: 112
Posted:
There are many ways to get around this problem. (1) Have one person per unit register to vote prior to the meeting and give them a ballot on issues for which they will be voting. the vote should be secret and collected at the end of the voting process; or (2) Again at the time of registration, give the voting member of the unit two placards, one YES and one NO printed on it which they will hold up when the vote is called for and someone can count the cards when they are raised. I prefer the secret ballot therefore if you use proxy voting the person who holds the proxy receives a ballot for themself and one for the proxy they hold. Both are collected when the votes are completed. JNI
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Jean,

Thank you for your suggestion.

I wasn't really looking for a solution, though, since the use of a ballot is the obvious answer. I was trying to point out an observation from a recent unit owners meeting I attended.

"Viva voce" voting is common in deliberative societies using some form of parliamentary procedure (whether strictly applied or not), including meetings of homeowners in condominium and homeowner associations. What had occurred to me is that the right to vote at such meetings is not allocated to each individual in attendance, but to each unit in some manner according to the Declaration or CCRs, and that viva voce voting (or voting without a ballot) does not work unless there is some way to determine that votes are being properly cast in accordance with the governing documents. Observation of the majority of voices or showing of hands does not accomplish this. I wouldn't be surprised to learn that viva voce voting is used for some issues at many homeowners' meetings, yet for most such associations, is inappropriate because there is no way to guarantee that the requirements of the governing documents are being complied with.

All of the comments were excellent and pointed out other considerations as well.

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