Developer's Proxies

Started by MatthewK2 • 11 replies • 1265 views

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MatthewK2 (New Mexico)
Posts: 34

Posted:

Can developer cast proxies of the undeveloped lots for voting?
Undeveloped lots are messed up with tumble weeds near resident's
area. Is the developer still good standing ?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Matthew,

Typically a developer may cast votes based on the Bylaws and the number of lots they own.

It would be up to your Board of Directors, governing documents and perhaps applicable State laws to suspend the voting rights based on condition of the Lot.

If the weeds are an issue for you (and I can understand how they could be), I would recommend that you ignore the Association and contact the County health department or appropriate County authority as there are typically County Codes that would apply.

MatthewK2 (New Mexico)
Posts: 34

Posted:

Tim,
Thank you for your opinion. You have been good to me. Really I appreciate you.
I have one more question for you.
NM Bylaws Article IV section 4.7 VOTING
Declarant shall be entitled to cast three(3)votes for each lot it owns
until the first to occur of(a) conveyance by Declarant of seventy-five
percent (75%) in number of lots in the subdivision(as defined in the
declaration) or(b)January 1.2015.
The recorded plat contains 512 legal lots for Declarant.
245 lots owned by individuals other than the Declarant. The Declarant
holds 267 lots: 43 developed lots + 224 undeveloped lots.
I think the Declarant cast only one vote per lot because individuals own 85% of the developed lots (245 lots of 288 developed lots).
Do you think the Declarant can cast votes for the undeveloped lots?
I need your opinion. Thank you & God bless you!

MatthewK2 (New Mexico)
Posts: 34

Posted:

Tim,
Thank you for your opinion. You have been good to me. Really I appreciate you.
I have one more question for you.
NM Bylaws Article IV section 4.7 VOTING

Declarant shall be entitled to cast three(3)votes for each lot it owns
until the first to occur of(a) conveyance by Declarant of seventy-five
percent (75%) in number of lots in the subdivision(as defined in the
declaration) or(b)January 1.2015.

The recorded plat contains 512 legal lots for Declarant.
245 lots owned by individuals other than the Declarant. The Declarant
holds 267 lots: 43 developed lots + 224 undeveloped lots.

I think the Declarant cast only one vote per lot because individuals own 85% of the developed lots (245 lots of 288 developed lots).
Do you think the Declarant can cast votes for the undeveloped lots, too?
I need your opinion. Thank you & God bless you!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Matthew,

The short answer is YES.

Per your other post:

Quote:

Posted By MatthewK2 on 04/01/2013 7:05 PM
Bylaws Article IV section 4.7: ABOUT VOTING
...Declarant shall be entitled to cast three(3) votes for each lot it owns until

The Bylaws make no distention between developed or undeveloped lots.
It only specifies 3 votes per each lot owned.
Then in January 2015 it will become 1 vote per each lot owned.

MatthewK2 (New Mexico)
Posts: 34

Posted:

Tim,
Thank you for your response.
Declarent could cast 3 votes per each lot:267lotsx3votes=801 votes.
But he cast only 267 votes .
I interpreted over 75%(85% occurred)in number of lots (developed lots) are conveyed to the individual owners by Declarant. That's why they
cast only one vote. And I thought they were not supposed to cast votes
of the undeveloped lots but should vote of 43 developed lots.
( I wonder if you catch me. I mean it's a little complicated.)

One more question for you,Tim.
Does every State has the same Bylaws 3 votes per lot for Declarant
or a little different ?
Thank you & God bless you!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Every State has different laws.
Every Association within a State has different Bylaws but must comply with any specifics in applicable State laws.

It is very very typical for governing documents, which are initially written by the developer, to allow the developer to maintain control of the voting power until all the lots are sold.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Use this link to gain a better understanding of the documents and applicable laws for
NM Associations

MatthewK2 (New Mexico)
Posts: 34

Posted:

Thank you,Tim.
I will try to master'm.
Thank you again & God Bless you!!!

MatthewK2 (New Mexico)
Posts: 34

Posted:

Tim,
I pray I may get response from you tonight.
Every Association within a States has different Bylaws.
Then I might be right: They cast 1 vote instead of 3 votes.
Because over 75% of developed lots owned by individuals.
They are not supposed to vote for the undeveloped lots,I think.
Thanks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MatthewK2 on 04/02/2013 8:46 PM

They are not supposed to vote for the undeveloped lots,I think.

As I posted earlier, based on the section of Bylaws you have cited in your two threads,
individuals cast votes based on the number of lots owned (developed or not).

Per your Bylaws, based on what you cited, after 75% of the lots are owned or in January 2015, the developer may only cast one vote per lot owned. Until that time they may cast 3 votes per lot (but may cast less than 3 if they desire).

It doesn't matter what Bylaws in other Associations say.
You, the Declarant and other members in your Association must comply with what your Bylaws say.

MatthewK2 (New Mexico)
Posts: 34

Posted:

Thank you,Tim.
I can understand. I appreciate you again.
God be with you!

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