MarkB21 (Tennessee)
Posts: 1
Posts: 1
Posted:
I am new to this discussion site, so let me thank you ahead of time for your contributions to my topic.
I am part of an HOA that has 3 different types of owners: Full-time Residents; Part-time/Vacation Residents; and Overnight Vacation Rentals.
The HOA has over 1000 properties/lots (around 600 improved lots) and about 800 owners of those lots. I am part of the ByLaws Committee recently formed to review and make recommendations for additions or amendments to the current ByLaws. The very first ByLaw addresses the definition of a Member and the fact the Members vote at the Annual Meeting for the BOD.
Here is a portion of what it states in Article I: "A member is defined as each individual person owning a vested interest in no less than 25% in one or more parcels of Real Estate located in (the HOA) on the date of the annual meeting, and in addition, must be recognized as a member of the association by the (BOD)." it continues "Each such member shall have one vote in the election of Committee members and the conducting of other business of the Association as may properly come before them."
So, at the annual meeting, most members filled out their ballots as 1 vote. Husband and wife on one property meant 2 votes if they were both present or they filled out a legal proxy. However, a couple that had purchased 22 lots turned in their ballot and told the counters to count their votes 44 times. They had an informal letter from an attorney that stated he believed they could vote based upon every lot they owned. Full disclosure: I own 2 lots, I made 1 vote.
To be clear, the meeting was a mess and I believe the election was not valid (even though I was elected). I do know I would have been elected even if every member only had 1 vote count, but I still feel this issue needs to be rectified to the satisfaction of the membership.
I know this discussion could go in many directions, so I would like to ask that we keep it in only 2 directions for the time being.
1. Since the election is in question and potentially not valid, I believe we need to rectify it so we avoid potential lawsuits down the line from disgruntled Homeowners (although there is not likely to be a lawsuit, based upon the past apathetic behavior of the HOA members).
2. Our ByLaws Committee is charged with coming up with recommendations to change the definitions on membership and voting. Any changes in the definition of membership will have to be approved in a vote by the membership, so we need to make sure that vote will not be challenged as well (by not allowing 44 votes from one couple...IMO).
Personally, it seems unfair that someone owns 22 properties and only has 1 or 2 votes, when 4 people can own 1 property equally and they each get 1 vote (4 votes for that property). Also, Improved Lots have a lot more at stake within the HOA than the Unimproved Lots (especially the junky ones that aren't even buildable or have any real value), so I'm wondering if anyone has experience with weighted voting (1 vote for an unimproved lot, 2 or 3 votes for an improved lot) which admittedly takes us in a 3rd direction...sorry.
I plan to propose 1 vote for every unimproved lot and 3 votes for every improved lot where multiple owners must designate one person as the member representative.
Thoughts?
I am part of an HOA that has 3 different types of owners: Full-time Residents; Part-time/Vacation Residents; and Overnight Vacation Rentals.
The HOA has over 1000 properties/lots (around 600 improved lots) and about 800 owners of those lots. I am part of the ByLaws Committee recently formed to review and make recommendations for additions or amendments to the current ByLaws. The very first ByLaw addresses the definition of a Member and the fact the Members vote at the Annual Meeting for the BOD.
Here is a portion of what it states in Article I: "A member is defined as each individual person owning a vested interest in no less than 25% in one or more parcels of Real Estate located in (the HOA) on the date of the annual meeting, and in addition, must be recognized as a member of the association by the (BOD)." it continues "Each such member shall have one vote in the election of Committee members and the conducting of other business of the Association as may properly come before them."
So, at the annual meeting, most members filled out their ballots as 1 vote. Husband and wife on one property meant 2 votes if they were both present or they filled out a legal proxy. However, a couple that had purchased 22 lots turned in their ballot and told the counters to count their votes 44 times. They had an informal letter from an attorney that stated he believed they could vote based upon every lot they owned. Full disclosure: I own 2 lots, I made 1 vote.
To be clear, the meeting was a mess and I believe the election was not valid (even though I was elected). I do know I would have been elected even if every member only had 1 vote count, but I still feel this issue needs to be rectified to the satisfaction of the membership.
I know this discussion could go in many directions, so I would like to ask that we keep it in only 2 directions for the time being.
1. Since the election is in question and potentially not valid, I believe we need to rectify it so we avoid potential lawsuits down the line from disgruntled Homeowners (although there is not likely to be a lawsuit, based upon the past apathetic behavior of the HOA members).
2. Our ByLaws Committee is charged with coming up with recommendations to change the definitions on membership and voting. Any changes in the definition of membership will have to be approved in a vote by the membership, so we need to make sure that vote will not be challenged as well (by not allowing 44 votes from one couple...IMO).
Personally, it seems unfair that someone owns 22 properties and only has 1 or 2 votes, when 4 people can own 1 property equally and they each get 1 vote (4 votes for that property). Also, Improved Lots have a lot more at stake within the HOA than the Unimproved Lots (especially the junky ones that aren't even buildable or have any real value), so I'm wondering if anyone has experience with weighted voting (1 vote for an unimproved lot, 2 or 3 votes for an improved lot) which admittedly takes us in a 3rd direction...sorry.
I plan to propose 1 vote for every unimproved lot and 3 votes for every improved lot where multiple owners must designate one person as the member representative.
Thoughts?