DonnaS19 (Texas)
Posts: 2
Posts: 2
Posted:
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Voting Rights
Started by DonnaS19 • 9 replies • 278 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By DonnaS19 on 10/30/2022 6:07 AM
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
When you sell part of your lot a new survey will be drawn up for you and your neighbor. You will still own 1 lot that is just smaller.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Doubtful.
What I would do, if I was on your board, would consider that one lot joint ownership but one vote decided by the two owners.
The neighbors can figure out how to vote that one ballot.
The board would not be involved except to ask who is casting the vote for the lot.
What I would do, if I was on your board, would consider that one lot joint ownership but one vote decided by the two owners.
The neighbors can figure out how to vote that one ballot.
The board would not be involved except to ask who is casting the vote for the lot.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By JohnT38 on 10/30/2022 6:29 AM
Posted By DonnaS19 on 10/30/2022 6:07 AM
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
When you sell part of your lot a new survey will be drawn up for you and your neighbor. You will still own 1 lot that is just smaller.
Keep in mind that some governing docs specify how many lots there are (and this is what assessments are based on).
Selling 1/2 a lot may change the recorded deeds but not the deed restrictions (that may specify the number of lots).
It simply makes a nightmare for the Association and I would advice the Board to seek legal advice on how to handle this one (expecting the governing docs actually specify how many lots).
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By TimB4 on 10/30/2022 6:33 AM
When you sell part of your lot a new survey will be drawn up for you and your neighbor. You will still own 1 lot that is just smaller.
Posted By JohnT38 on 10/30/2022 6:29 AM
Posted By DonnaS19 on 10/30/2022 6:07 AM
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
If our HOA gives one vote per lot owner, can I have a 1/2 vote if I own half of a lot in our subdivision? We are thinking about selling 1/2 a lot to a neighbor.
When you sell part of your lot a new survey will be drawn up for you and your neighbor. You will still own 1 lot that is just smaller.
Keep in mind that some governing docs specify how many lots there are (and this is what assessments are based on).
Selling 1/2 a lot may change the recorded deeds but not the deed restrictions (that may specify the number of lots).
It simply makes a nightmare for the Association and I would advice the Board to seek legal advice on how to handle this one (expecting the governing docs actually specify how many lots).
I agree that in some cases this could be true.
AugustinD
Posts: 1,027
Posts: 1,027
Posted:
The first thing I would do is scour the covenants to see if the covenants prohibit or limit lot splitting. Cities and counties regulate residential construction intensely and may very well have required such a covenant.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By AugustinD on 10/30/2022 8:59 AM
The first thing I would do is scour the covenants to see if the covenants prohibit or limit lot splitting. Cities and counties regulate residential construction intensely and may very well have required such a covenant.
The first thing I would do is scour the covenants to see if the covenants prohibit or limit lot splitting. Cities and counties regulate residential construction intensely and may very well have required such a covenant.
Sound advice.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Same discussion going on here: https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/338459/view/topic/Default.aspx
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
All the Texas documents I have seen stipulate that in the case of multiple owners of a lot which is assigned a single vote per lot, the owners must confer and agree on the single vote to be cast.
Corporations, LLCs, etc. also may cast only a single vote but identification of the party eligible to cast the vote requires a different process than the typical sole owner, husband and wife, and other such relationships.
If the owners cannot agree on a single vote, no fractional votes may be cast.
Corporations, LLCs, etc. also may cast only a single vote but identification of the party eligible to cast the vote requires a different process than the typical sole owner, husband and wife, and other such relationships.
If the owners cannot agree on a single vote, no fractional votes may be cast.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BillH10 on 10/30/2022 12:16 PM
All the Texas documents I have seen stipulate that in the case of multiple owners of a lot which is assigned a single vote per lot, the owners must confer and agree on the single vote to be cast.
Corporations, LLCs, etc. also may cast only a single vote but identification of the party eligible to cast the vote requires a different process than the typical sole owner, husband and wife, and other such relationships.
If the owners cannot agree on a single vote, no fractional votes may be cast.
All the Texas documents I have seen stipulate that in the case of multiple owners of a lot which is assigned a single vote per lot, the owners must confer and agree on the single vote to be cast.
Corporations, LLCs, etc. also may cast only a single vote but identification of the party eligible to cast the vote requires a different process than the typical sole owner, husband and wife, and other such relationships.
If the owners cannot agree on a single vote, no fractional votes may be cast.
This is how I understand it to work. One vote per lot no matter how many owners of that lot.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here