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KevinG4 (California)
Posts: 6
Posted:
Hi,
We have a married couple that owns two separate units which are registered in their separate names. When it comes to elections we are running into an issue because they get two votes on every issue (1 per unit). We are small community and every vote counts so it seems unfair that they can skew the results on amendments. Is there anyway our HOA can restrict them to 1 vote because they are husband and wife?

Thanks
MatthewW4 (Arizona)
Posts: 500
Posted:
Hi Kevin and welcome to the forum.

I think you already know the answer to this question. If your CC&R's allocate one vote per unit, then the huband gets one vote for his unit and the wife get one vote for hers just like any other owners. The only way to change that would be to amend the CC&R's and it sounds like their two votes are enough to sink that boat. That is always a problem in small associations.

Has anyone thought about buying one or both units? That may be the only to change the balance of power.

TimB4 (Tennessee)
Posts: 21,059
Posted:
As Matthew said, the answer is in your governing documents.

Typically, it's one vote per lot. If someone owns more than one lot, they get to cast a vote for each lot they own.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
If your CC&R's allocate one vote per unit, then the huband gets one vote for his unit and the wife get one vote for hers just like any other owners.


Pretend they are not married. Does it change anything? No.
JonD1
Posts: 2,350
Posted:
So this husband and wife have TWICE the investment in the property but should now get to vote just once like the single unit owners....Hmmmmmmm.

Does that sound right????????

So if someone buys 3,000 shares of AT&T and I buy one share I get one vote and they get the same one vote?????

Funny how some folks seem willing to "bend" the rules of fair play when it suits their agenda.

We had an owner here who tried that when i was clear those owning muliple units did not support her seeking a Board position. It did not fly.

Try another way.
BrianB (California)
Posts: 2,820
Posted:
I assume they pay twice the dues/fees/assessments as everyone else, so why does the fact that they have two votes bother people? If they are that concerned, offer to pay the annual assessments for a year in exchange for one of their proxies.
RichardP13 (California)
Posts: 1,767
Posted:
Depending on the size of your community and because they own two units, get two votes, they could also have two seats on the Board. If your Board consists of three, they would have a majority.
MatthewW4 (Arizona)
Posts: 500
Posted:
Quote:
Posted By RichardP13 on 08/21/2013 8:16 AM
Depending on the size of your community and because they own two units, get two votes, they could also have two seats on the Board. If your Board consists of three, they would have a majority.

Yes, but any time they are together there is a quorum of directors present so there must be an open meeting and a posted agenda.
RichardP13 (California)
Posts: 1,767
Posted:
Matthew

That is not true. They have to meet to discuss or act upon association business.
MatthewW4 (Arizona)
Posts: 500
Posted:
Quote:
Posted By RichardP13 on 08/21/2013 10:15 AM
Matthew

That is not true. They have to meet to discuss or act upon association business.

But you do not know whether they are talking about association business without hearing their conversation. And what else could married directors possibly have to talk about? All the women I know, inlcuding my own wife, insist that their husbands never talk to them. (Apparently, "Honey, could you bring me another beer?" is not considered conversation.)

JohnC46 (South Carolina)
Posts: 14,265
Posted:
There was one poster on here that said he saw a few BOD Members chatting at an HOA Pool Party and he accused them of having a BOD Meeting.

Anyone that thinks the hubby and wifey (or most BOD Members for that matter) do not discuss BOD business outside of the BOD is at best being naΓ―ve.

What counts are motions made, seconded, and voted on. Other then that, it is all chit chat.

DaveD3 (Michigan)
Posts: 796
Posted:
I don't know why this is even an issue. Own 2 units, get 2 votes (assuming it's 1 vote per unit).
Considering that, in many places, a husband and wife in the SAME unit can both serve on a board, I don't see the big deal.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dave

In my HOA when more then one person owns the unit (let us say hubby and wifey), one must be designated as the owner and only the designated owner can vote and/or serve on the BOD.

Sounds simple does it not? In a prior HOA, a hubby and wifey (co-owners) going through a divorce both came to the annual meeting and claimed owner/voting rights. We said only one. They could not agree which one, so we disqualified them both.

Same as when multiple owners (such as a corporation) own the unit, one of the owners must be declared the voting member.

One vote per unit. You all wrestle it out......LOL

DaveD3 (Michigan)
Posts: 796
Posted:
We do the same thing. Official voter designation form that needs to have one person as the authorized voter, signed by all unit owners of record. No formal, no vote.

But that doesn't preclude two people from the same unit serving together on the board. Board votes and membership votes are different. The designed voter doesn't need to be the one on the board, either. I think 2 of our 5 board members are not the official voter in membership elections/votes.
KevinG4 (California)
Posts: 6
Posted:
All,
Thanks for your views and suggestions. The answer could be as simple as '1 vote per unit' but it is posing a bit of a problem for our HOA as we are a small 15 unit community and with a voting % of 75% requirement to amend CC&Rs the 2 votes from the same household makes a big difference. BTW, both units are rentals so the owners do not live on the property. Moreover one of the amendments we are trying to address is Rental restrictions so you can see how this would be a problem!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You should read our threads on rental restrictions before going with your plans... One vote per unit. That is the answer.

Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By KevinG4 on 08/22/2013 4:40 PM
All,
Thanks for your views and suggestions. The answer could be as simple as '1 vote per unit' but it is posing a bit of a problem for our HOA as we are a small 15 unit community and with a voting % of 75% requirement to amend CC&Rs the 2 votes from the same household makes a big difference. BTW, both units are rentals so the owners do not live on the property. Moreover one of the amendments we are trying to address is Rental restrictions so you can see how this would be a problem!

So what is the difference if one person owns two or three properties and rents them? Answer? None.

One vote per unit is how many HOAs are structured. It's no different than one vote per share in a stock corporation. That's the way things are. You need to get used to it and move on.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KevinG4 on 08/22/2013 4:40 PM
All,
both units are rentals so the owners do not live on the property. Moreover one of the amendments we are trying to address is Rental restrictions so you can see how this would be a problem!

Actually, I believe that you would have problem with any non-resident members supporting rental restrictions as they simply want to protect their ability to rent. The number of rental units currently in the development would be more of an issue than the fact that two of them happen to be owned by one entity.

DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By KevinG4 on 08/22/2013 4:40 PM
All,
Thanks for your views and suggestions. The answer could be as simple as '1 vote per unit' but it is posing a bit of a problem for our HOA as we are a small 15 unit community and with a voting % of 75% requirement to amend CC&Rs the 2 votes from the same household makes a big difference. BTW, both units are rentals so the owners do not live on the property. Moreover one of the amendments we are trying to address is Rental restrictions so you can see how this would be a problem!

Would your problem be any different if these two owners were completely unrelated and each rented? Doesn't seem like it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
75% of 15 is 11.25 so that gets rounded up to 12 thus 12 of 15 are needed. They are only 2 of 15. If the votes are that close, then maybe it is better the changes are not made.

DaveD3 (Michigan)
Posts: 796
Posted:
Right. And for all we know, the husband and wife might be on opposite sides of the issues at hand and someone else will "mess things up" when it comes to a vote

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