"Member voting rights"

Started by CarlS3 • 14 replies • 1936 views

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CarlS3 (Georgia)
Posts: 3

Posted:

Voting rights of multiple lot ownership by one individual is not clearly stated in Bylaws or covenants. The following is the ONLY definition in the bylaws and covenants;

Section 8. "Member " The Association shall be a membership corporation without certificates or shares of stock. Each recorded owner of a Lot
(as shown on the subdivision plat recorded in county/state records) subject to the Declaration is a member and shall be entitled to vote as set forth herein, in the Declaration and in the By-laws. Membership shall be appurtenant to and may not be separated from ownership of a lot.

SO the question is, can it be interpreted that multiple ownership entitles said owners multiple votes based on number of lots or do the Bylays need to specifically state in written lauguage that each lot owned has the right to vote multiple times depending on lots owned.

Can anyone help clarify.
Thanks

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I read it to say one vote per lot. Thus if I owned 2 lots, I would have to vote each lot by itself like having to fill out two ballots. One ballot for each lot.

In our upcoming election each homeowner will check in/register as the owner of address so and so. They will be given a ballot with that address on it. If one person owns two homes, they will register at each address and be given a ballot for each address thus they will have two ballots.

Now if your Bylaws call for Cumulative Voting, this is another subject.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Right, 1 vote per lot.

If the lot is owned by more than one owner, those owners get together on their own and decide who will cast the lots vote.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Carl,

This should have been worded much better.

One could argue that the cited provision gives a lot as many votes as it has owners as each recorded owner is entitled to vote. If a husband and wife own a lot then then each of them may cast a vote if each one is a recorded owner. That is, they would have two votes for their one lot and that was probably not the intent.

In my own association the declaration states that each parcel may cast a vote with all owners of the parcel in unanimous agreement. That eliminates the one-vote-per-owner argument.

CarlS3 (Georgia)
Posts: 3

Posted:

Thanks all for your input.

The Board has assumed one vote per lot owned and has printed the ballots for an upcoming vote for covenant changes to reflect that. Do you think it could be moved to get a claiification on the husband/wife ownership issue and postpone the vote? Are the grounds strong enough for discussion? I've researched other bylaws/cov and those are clearly defining on the issue. Our declarations are not clear.

Thanks

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By CarlS3 on 04/22/2015 9:18 AM
Thanks all for your input.

The Board has assumed one vote per lot owned and has printed the ballots for an upcoming vote for covenant changes to reflect that. Do you think it could be moved to get a claiification on the husband/wife ownership issue and postpone the vote? Are the grounds strong enough for discussion? I've researched other bylaws/cov and those are clearly defining on the issue. Our declarations are not clear.

Thanks

Are you suggesting that some people think that if a lot has multiple owners (i.e. husband and wife) that they should get one vote per owner instead of one per lot. That would be highly unusual. Generally each lot gets one vote, the owners have to decide among themselves how to cast that vote.

Escaped former treasurer and director of a self managed association.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Hi Carl
If your docs are unclear, i think it would be reasonable for you to look to and rely on GA's POA statute. 1 vote per lot is the obvious conclusion from reading the statutory language.

GEORGIA CODE
TITLE 44. PROPERTY
CHAPTER 3. REGULATION OF SPECIALIZED LAND TRANSACTIONS
ARTICLE 6. PROPERTY OWNERS' ASSOCIATIONS

O.C.G.A. § 44-3-224 (2014)

§ 44-3-224. Voting at association meetings

(a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote.

(b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice.

Sikubali jukumu. Read all posts at your own risk.

CarlS3 (Georgia)
Posts: 3

Posted:

Thank you NpS

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DouglasK1 on 04/22/2015 10:09 AM

Carl

Go with the printed ballots and wait for someone to object. When they do cite whatever you can cite. In 6 HOA's I have lived in around the US, I have never seen more then one vote per unit/lot.

I did see a disagreement between a husband and wife (both on the title) about which one was to vote. As they were unable to agree on which one was to vote, the BOD ruled neither one could vote.

I have seen some situation where a vote is weighted based on unit size but only in high rise, multi-unit buildings.

PitA
Posts: 311

Posted:

.... shall be entitled to vote as set forth herein, in the Declaration and in the By-laws.

What do the By-laws state?

LeighM2 (Maine)
Posts: 11

Posted:

We are a small HOA of single family residences in Maine. 21 lots, but 35 owners of record. Definitions are, “Owner” is the record owner, whether one or more persons or entities. “Member” is defined as every record owner. Members are entitled to meeting notices, but quorums are determined based on 60% of Owners and BOD elections are by majority vote of lot Owners.

Are there 21 max votes or 35? I interpret the owner definition consolidates multiple record owners for any lot to a single voting owner per lot. Others say not so. We canceled our last meeting because we could not agree on who votes. FYI This HOA has been around for 20 years and now this question is being asked.. What!

Thanks for any insight. There is no additional language about number of votes per lot BTW.

BillH10 (Texas)
Posts: 1,217

Posted:

Leigh

You posted a new message on a very old thread, it is best to start a new one.

My response to your question is, one lot, one vote, regardless of the number of "owners" listed on the title(s). Otherwise, how would the situation be fair? I could list my spouse, mother-in-law, the dog, and a stuffed animal as "owners". Why should that menagerie be entitled to more than one cumulative vote?

LeighM2 (Maine)
Posts: 11

Posted:

Record owners must be on the deed, so Stuffy is out of luck. I’ll try to start a new thread, but the buttons don’t match the procedure described.

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