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GlenM4 (Tennessee)
Posts: 141
Posted:
Is this even possable? Say add a bylaw that says if u dont vote u pay a fee? Has anyone seen this done. I peraonally think its crazy. But we do take votes away when dues not paid.
DouglasK1 (Florida)
Posts: 2,046
Posted:
North Korea requires everyone to vote, why not your HOA?

Escaped former treasurer and director of a self managed association.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By GlenM4 on 03/19/2018 10:39 AM
Is this even possable? Say add a bylaw that says if u dont vote u pay a fee? Has anyone seen this done. I peraonally think its crazy. But we do take votes away when dues not paid.


I doubt your HOA's governing documents have a provision that would allow such a fine.

I think the better argument is to point out to members that, when a quorum is not achieved, another election must be run, and all the minutiae of running a repeat election costs $___ per member, and the Board will not hesitate to impose a special assessment to pay for a repeat election.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GlenM4 on 03/19/2018 10:39 AM
Is this even possable? Say add a bylaw that says if u dont vote u pay a fee? Has anyone seen this done. I peraonally think its crazy. But we do take votes away when dues not paid.

Vote for what?
AdamD1 (Indiana)
Posts: 179
Posted:
Can a Board impose a special assessment without consent from the Homeowners? Must be nice if possible! My docs. state the Board needs 2/3 approval before a special assessment can be levied!
RichardP13 (California)
Posts: 3,868
Posted:
If the special assessment doesn't go above a certain percentage, it is possible to do without a member vote.

For instance, in California, anything over 5% of the annual expenses must be by secret ballot and requires the majority of a quorum, which is 50% plus 1. So in a 100 unit complex, you need just 26 affirmative votes.
AdamD1 (Indiana)
Posts: 179
Posted:
Must be nice... here in Indiana, my HOA docs state:

In
add!tion to the Regular Yearly Assessments authorized above, the Association may levy a Special
Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of
n11y construction, rcco11slmctio11, repair or rcplaccmcnl nf nny cnpitnl improvement which the
Association is required to maintain, or to recover any operating deficits which the Association may
from time to time incur, provided that any such assessment shall have.t~e approval of two-thirds(%)
of the votes entitled to be cast by those members who ca5t votes in person or by proxy at a meeting
duly calleq for this purpose.

Pardon the copy and paste job.... our online CC&R doc is CRAP-O-LA!
TimB4 (Tennessee)
Posts: 21,062
Posted:
Glen,

I understand the frustration.

Voting is a privilege, not a requirement.
An individual may choose to exercise that privilege or not.
Since it is a privilege, the governing documents (and some State statutes) typically allow the Board to suspend said privilege until issues are resolved.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, I've heard there are some countries where you DO pay a fine if you don't vote, so anything's possible. But not in this case.

Whoever suggested this may be trying to reduce or eliminate apathy, but you'd probably end up spending more money chasing after people who didn't vote. People do have a right to make choices and the responsibility to live with said choice, so if they don't vote, they can't get too upset at the ensuing results - just look at what's going on in Washington DC and other places these days.

This isn't the same as suspending voting rights of people who don't pay assessments - I've always said the people who don't pay their fair share shouldn't have any say in how the association is run, especially if they don't let the board know what the problem is, such as financial hardship due to job loss.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RyanV2 (New York)
Posts: 5
Posted:
Check this out.

http://www.debate.org/opinions/should-people-be-forced-to-vote

I vote No.

RichardP13 (California)
Posts: 3,868
Posted:
As educated as this country is, I believe we have the most uneducated voters in the world.
KerryL1 (California)
Posts: 14,550
Posted:
I say no. You mint think about a drawing of some kind--- a good one, where 1 or more voters can win a good prize. An HOA near me used this to get purr vote for amendments to their C&Rs with success.
FredS7 (Arizona)
Posts: 927
Posted:
Quote:
Posted By DouglasK1 on 03/19/2018 11:01 AM
North Korea requires everyone to vote, why not your HOA?

They do it in Australia too, perhaps a better example.

Here in the US civic indifference is part of our tradition. For better or worse it has made us what we are.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
If one does not vote, they get what they deserve.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GlenM4 on 03/19/2018 10:39 AM
Is this even possable? Say add a bylaw that says if u dont vote u pay a fee? Has anyone seen this done. I peraonally think its crazy. But we do take votes away when dues not paid.


Please show me where your State Statutes would allow??? As JohnC46 noted if your members choose not to vote then they get what they receive.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GlenM4 on 03/19/2018 10:39 AM
Is this even possable? Say add a bylaw that says if u dont vote u pay a fee? Has anyone seen this done. I peraonally think its crazy. But we do take votes away when dues not paid.


Also, I hope you do not take away votes with regards to Amending the CCR’s. It is one thing to deny voting for BOD and another to deny voting for items which affect my Property Title! In my state I would rake you over the coals if you denied me the right to vote regarding my property title.

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