Weighted votes

Started by PatriciaL1 • 8 replies • 819 views

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PatriciaL1 (California)
Posts: 78

Posted:

In the rewriting of our CC&Rs this section of the old CC&Rs was brought up.

4.2 VOTING RIGHTS. There is one vote per Unit, and, except with regard to the election of Directors, such vote shall be weighted accordingly to the Unit’s Percentage Interest. With regard to the election of Directors only, each Unit’s vote shall be weighted equally. Fractional votes by Co-Owners are not allowed. If Co-Owners are unable to agree how to cast the vote for a Unit on a matter, they shall lose their vote on that matter. If a single vote is cast on Owners of a Unit, the vote shall be conclusively presumed to have been cast on behalf of all Owners of a Unit unless written notice contesting the right to vote is actually received by the Secretary before the vote is cast. If multiple votes are cast on behalf of a Unit, all shall be disregarded.

My read tells me that this weighted voting would only count towards something like the ratification of these new CC&Rs. The new CC&Rs give one vote to one Unit.

Does anyone here have any experience with weighted votes?

Thank you, Patti
We are 51 Units total. 15 have 1.6% interest each, 15 have 1.8% interest each and the remaining 21 have 2.4% interest each.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I have see weighted votes based on things like size of unit. I have also seen weighted dues based on size of a unit.

If wanting to change to one vote per unit, you must still use the weighted votes to make the change as that is the way it is until the change is approved.

KerryL1 (California)
Posts: 14,550

Posted:

From what you've cited, I agree with JohnC that weighted voting must occur to amend that and any other aspects of your CC&Rs.

Often voting rights are spelled out in the bylaws,btw.

PatriciaL1 (California)
Posts: 78

Posted:

Sure, I agree, the updates to the CC&Rs must be done by weighted votes since that is the how the current CC&Rs are written.

The weight is given by size of unit. (In addition, dues are calculated by size of units.)

I was wondering about the general benefits/problems with weighted votes.

At a minimum, I imagine it is more difficult to calculate and to make sure the correct weight is given to each home.

Weighing votes could be seen as discriminatory - although I am told an HOA is not a democracy, it is a corporation and so therefore does not have to be democratic.

Thanks again, Patti

JeffT2 (Iowa)
Posts: 880

Posted:

Weighted votes are very common in condominiums.

Your new CCRs are reducing the voting power of some owners, which is a very big change.

Has a lawyer who is knowledgeable of the law (and court cases) reviewed these changes in the new CCRs?

Very often, this type of change also has to be approved by mortgage lenders.

KerryL1 (California)
Posts: 14,550

Posted:

My urban 'hood is loaded with condo high rise HOAs and none use weighted votes--maybe they're common in Iowa, Jeff.

PatriciaL1 (California)
Posts: 78

Posted:

Our CC&Rs are being drafted by an HOA attorney. He said it was extremely rare to have weighted votes where we live, that he had not heard of any others.

I noticed the weighted voting does NOT apply to voting for the Board of Directors, which is the only thing we ever vote on (until this cc&r rewrite).

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Patricia,

Have you researched the CCRs of other neighborhoods or HOAs? These should be available online. Do a search in order to double check what your attorney is saying.

It may be unwise to simply accept what an attorney says.

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Posted By KerryL1 on 01/23/2019 1:45 PM
My urban 'hood is loaded with condo high rise HOAs and none use weighted votes--maybe they're common in Iowa, Jeff.

It's not entirely untrue that:

All condominiums everywhere have weighted voting

...keeping in mind that weights are often equal.

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