Voting Rights

JoeH14 (Kansas)
Posts: 2

Posted:

Two questions I am trying to figure out:

Question 1. How many votes would a HOA member have if their property is recorded on file like this (PLAT 2 , BEG SW/C LT 1 PLAT 4 TH S 358. 59 E 150.01 NLY 70.16 NWLY 100 .62 NELY 170.57 NWLY 202.10 TO POB (VAC LTS 45-49 PLAT 2) SECTION 21 TOWNSHIP 18 RANGE 12 (John Smith, Jackie Smith, Henry Smith, Sarah Smith and Karl Smith) is the answer 1 or 5 since there are five names on the deed and 5 lots?

Question 2: One person has deeds in 6 different company names, however they all belong to him and therefore the board allows him to have 6 votes....is this legal?

Our Covenants and restrictions is stated like this:

“Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of Common Properties as herefore defined.

“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot or situated upon the Properties but, notwithstanding any applicable theory of law, shall not mean or refer to the holder of a contract for deed unless and until such holder has acquired title pursuant to the terms and conditions of the contract for deed.

Membership. Every person or entity who (a) is a Purchaser, as defined in Article “Section 1 (f), hereof, of any Lot which is subject by covenants or record to assessments by the Association or (b) is an Owner of any Lot which is subject by covenants of record to assessment by the Association shall be a Member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.

Voting Rights. Each member of the Association shall be entitled to one vote for a lot in which they hold the interest required for membership by Section with the limitation that no Member shall be entitled to more than one vote regardless of the number of lots they own. When more than one person holds such interest or interests in any lot all such persons shall be members, and vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such lot.

Thank you for any help

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By JoeH14 on 01/30/2018 9:53 AM

When more than one person holds such interest or interests in any lot all such persons shall be members, and vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such lot.

Your board is none too bright. In the case you brought, the lot recieves one total vote (each company that owns a portion of the lot recieves 1/6 of a vote - but in no case is that the concern of the board, their only concern is the combined vote for the lot).

The CC&R's limiting an owner to one vote regardless of number of lots owned is unusual, but so be it.

But your concern here is the BOD allowing over representation of a single lot.

RichardP13 (California)
Posts: 3,868

Posted:

Question One: One Vote
Question Two: Subject to Interpretation. If you own 5 separate lots, you should have 5 separate votes. If that be the case, as an investor, I wouldn't under any circumstance, buy into your community.