NicoleW4 (Georgia)
Posts: 41
Posts: 41
Posted:
I have got several interpretations of this Article.
If there are 3 homeowners is Class A, is there 1 vote or 3 allowed?
see ((( )))) below...
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. The membership of the Association shall
consist of (a) every record Owner, whether it be one or more persons, of
fee simple title to any real property situated within the Properties
excluding, however, the Association and those persons having such
interest merely as security for the performance of an obligation, and
(b) the Declarant subject to the following provisions of this Article
III. Membership shall be appurtenant to and may not be separated from
ownership of such real property, which ownership shall be the sole
qualification for membership.
Section 2. Voting Rights. Subject to the following provisions of
this Section 2, the Association shall have two classes of voting member-
ship: Class "A" and Class "B".
CLASS "A": Class "A" Members shall be all those Owners of
Single Family Plots, Condominium Units, and Apartment Plots with
the exception of the Declarant (except as set forth under Class "B"
membership provisions below). A Class "A" Member shall be entitled to one vote for each Single Family Plot, Condominium Unit, and Apartment Unit which he owns.
CLASS "B": The Class "B" Member shall be the Declarant. The Class "B" member shall be entitled to three votes for each Single Family Plot, Condominium Unit, and Apartment Unit which it owns. The Class "B" membership shall cease and be converted to Class"A" membership upon the first of the following events to occur: (a) when the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "B" membership unless (1) the Declarant at that time has the right to annex additional
property pursuant to Article II, Section 2(a), of the Declaration sufficient in quantity that, if annexed, the votes of the Class "B" member would exceed those of the Class "A" members, and (ii) the Declarant evidences its intent to exercise such right within a reasonable time thereafter by filing with the Association and the Veterans Administration an affidavit to that effect, (b) abolishment by the Declarant of its Class "B" membership evidenced by written notice thereof delivered to the Association, or (c) December 31, 2003.
The aggregate vote of all Members cast in respect of Apartment
Units shall not exceed forty-nine percent (49%) of the total vote
cast on any matter pending before the Association, and the votes
allocated to Apartment Units owned by Class "A" Members and Class
"B" Members as provided above shall be reduced pro-rata to the
extent necessary to comply with this limitation.
{(((When any property entitling the Owner to membership as a Class "A"
member of the Association is owned of record by other than a single
natural person, the person entitled to cast the vote for such property
shall be designated by a certificate signed by the record owner or
owners of such property and filed with the Secretary of the Association.)))---this statement leads to my question above. I know some homes that have mulitple homeowners cast a ballot while others cast one. I have never know anyone to designate by a certificate. Should we be doing this and only giving ballots to the one desigated votee? Or is Owner refering to the original developer?} Each such certificate shall be valid until revoked, superseded by a subsequent certificate or a change occurs in the ownership of such
property. The votes of the Members shall be cast under such rules and proce-
dures as may be prescribed in this Declaration or in the ByLaws of the
Association, as amended from time to time, or by law
thank you for any insight you can provide!
If there are 3 homeowners is Class A, is there 1 vote or 3 allowed?
see ((( )))) below...
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. The membership of the Association shall
consist of (a) every record Owner, whether it be one or more persons, of
fee simple title to any real property situated within the Properties
excluding, however, the Association and those persons having such
interest merely as security for the performance of an obligation, and
(b) the Declarant subject to the following provisions of this Article
III. Membership shall be appurtenant to and may not be separated from
ownership of such real property, which ownership shall be the sole
qualification for membership.
Section 2. Voting Rights. Subject to the following provisions of
this Section 2, the Association shall have two classes of voting member-
ship: Class "A" and Class "B".
CLASS "A": Class "A" Members shall be all those Owners of
Single Family Plots, Condominium Units, and Apartment Plots with
the exception of the Declarant (except as set forth under Class "B"
membership provisions below). A Class "A" Member shall be entitled to one vote for each Single Family Plot, Condominium Unit, and Apartment Unit which he owns.
CLASS "B": The Class "B" Member shall be the Declarant. The Class "B" member shall be entitled to three votes for each Single Family Plot, Condominium Unit, and Apartment Unit which it owns. The Class "B" membership shall cease and be converted to Class"A" membership upon the first of the following events to occur: (a) when the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "B" membership unless (1) the Declarant at that time has the right to annex additional
property pursuant to Article II, Section 2(a), of the Declaration sufficient in quantity that, if annexed, the votes of the Class "B" member would exceed those of the Class "A" members, and (ii) the Declarant evidences its intent to exercise such right within a reasonable time thereafter by filing with the Association and the Veterans Administration an affidavit to that effect, (b) abolishment by the Declarant of its Class "B" membership evidenced by written notice thereof delivered to the Association, or (c) December 31, 2003.
The aggregate vote of all Members cast in respect of Apartment
Units shall not exceed forty-nine percent (49%) of the total vote
cast on any matter pending before the Association, and the votes
allocated to Apartment Units owned by Class "A" Members and Class
"B" Members as provided above shall be reduced pro-rata to the
extent necessary to comply with this limitation.
{(((When any property entitling the Owner to membership as a Class "A"
member of the Association is owned of record by other than a single
natural person, the person entitled to cast the vote for such property
shall be designated by a certificate signed by the record owner or
owners of such property and filed with the Secretary of the Association.)))---this statement leads to my question above. I know some homes that have mulitple homeowners cast a ballot while others cast one. I have never know anyone to designate by a certificate. Should we be doing this and only giving ballots to the one desigated votee? Or is Owner refering to the original developer?} Each such certificate shall be valid until revoked, superseded by a subsequent certificate or a change occurs in the ownership of such
property. The votes of the Members shall be cast under such rules and proce-
dures as may be prescribed in this Declaration or in the ByLaws of the
Association, as amended from time to time, or by law
thank you for any insight you can provide!