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Got elected Voting Members?

Started by UteF • 21 replies • 1064 views

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UteF (Hawaii)
Posts: 9
Posted:
Our Master Association has Voting Members that are elected to represent each parcel and cast votes for any unit that does not submit a ballot in elections. Does any other association out there have that kind of setup?
RichardP13 (California)
Posts: 3,868
Posted:
Do a Google search " Master Association has Voting Members
JanetB2 (Colorado)
Posts: 4,219
Posted:
No ... never heard of that. I would ask them to provide you with the State Statute giving any such authority. If there is one ... I for one would like to see it.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JanetB2 on 05/03/2017 9:31 PM
No ... never heard of that. I would ask them to provide you with the State Statute giving any such authority. If there is one ... I for one would like to see it.

If you did the Google search, you would find the authority.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 05/03/2017 9:44 PM
Posted By JanetB2 on 05/03/2017 9:31 PM
No ... never heard of that. I would ask them to provide you with the State Statute giving any such authority. If there is one ... I for one would like to see it.


If you did the Google search, you would find the authority.

I did the google search and read a few of the links; however, those I looked at did not give authority. If you have a link for the OP's state giving authority then please post.
RichardP13 (California)
Posts: 3,868
Posted:
If it is in the CCRs or the Bylaws, that would be authority enough. The links provided that.
RichardP13 (California)
Posts: 3,868
Posted:
Below is a link to an Association in Hawaii with such language.

UteF (Hawaii)
Posts: 9
Posted:
Our CC&R's call for elected Voting Members...I was just seeing if there were any other associations out there. We have a handful here in Hawaii. Mahalo!
UteF (Hawaii)
Posts: 9
Posted:
I received an error message with that link for Ocean Pointe. Could you post it again? Thank you!
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By UteF on 05/04/2017 11:31 AM
I received an error message with that link for Ocean Pointe. Could you post it again? Thank you!

Paste this into your browser: https//community.associawebsites.com/sites/MarinersPlaceTownhomes/AtsDocumentsList/Articles.pdf
UteF (Hawaii)
Posts: 9
Posted:
Got it! Thanks so much for your help!
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By UteF on 05/04/2017 11:31 AM
I received an error message with that link for Ocean Pointe. Could you post it again? Thank you!

there is a double https:// in the link.
This caused the error
RichardP13 (California)
Posts: 3,868
Posted:
Was trying to do that between the third and fourth martinis.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 05/04/2017 4:40 PM
Was trying to do that between the third and fourth martinis.

LOL ... While I do not like martinis I do like other options

UteF ... Are you still declarant controlled? The link RichardP13 posted appears to reference classes based on declarant owned properties. Please be advised it is hard for us to understand what you are describing without physically seeing the text from your documents.
UteF (Hawaii)
Posts: 9
Posted:
No. The Master Association was turned over to the owners in 2013. We have 9 elected Voting Members, from each of the Parcels. They in turn elect the Board of Directors. If there was an amendment vote, the Voting Member will cast a vote for any owner who doesn't submit a ballot.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By UteF on 05/04/2017 7:48 PM
No. The Master Association was turned over to the owners in 2013. We have 9 elected Voting Members, from each of the Parcels. They in turn elect the Board of Directors. If there was an amendment vote, the Voting Member will cast a vote for any owner who doesn't submit a ballot.

If I were in your shoes I would have a consultation with 2-3 attorneys. If you have your ducks in a row with specific questions and not get off on tangents this could be potential minimal cost. In my area there are even attorneys who will give short 20-30 minute consultations for no cost and minimal fee for over that time limit.

I personally find it difficult to believe that the State Laws would allow an entity to vote on behalf of any Citizens property which can affect their property with regards to a document attached to their Property Title. When peoples property titles are affected care should be taken. I would try to find an attorney knowledgeable in your HOA Statutes, Real Estate Statute of Frauds, and Contract Laws.

However, the association would NOT be casting a vote for me in your circumstances, as I would definately submit a ballot on any issue regarding my HOA. I would be curious if this is some law pushing for more owner participation due to apathy in some associations.
RichardP13 (California)
Posts: 3,868
Posted:
This is Hawaii. Land Ownership is different than the mainland.
UteF (Hawaii)
Posts: 9
Posted:
Our Voting Members are legal. KGE is a luxury community where the majority of the homes are not occupied full time. Therefore achieving quorum for elections is a challenge. The developer had the foresight to recognize that problem. So we're all good with that structure. The purpose of my original question was just to find other Master Associations who also had the same setup. I have found several in the U.S. Many thanks!
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By UteF on 05/05/2017 11:55 AM
Our Voting Members are legal. KGE is a luxury community where the majority of the homes are not occupied full time. Therefore achieving quorum for elections is a challenge. The developer had the foresight to recognize that problem. So we're all good with that structure. The purpose of my original question was just to find other Master Associations who also had the same setup. I have found several in the U.S. Many thanks!

You owe me a round of golf. Haven't been to Maui in 30 years. It was the first golf course, of many, that I played on the islands.
UteF (Hawaii)
Posts: 9
Posted:
Ha ha! Sorry I can't accommodate. Golf may be in the title of the association but no one gets golf privileges. Bah Humbug!
RichardP13 (California)
Posts: 3,868
Posted:
Now that is a bummer!

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