Absentee Owners Counted In Quorum Count

My HOA's Declaration Of Covenents, etc. defined an "Owner" shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any lot which is part of the Property, but excluding those having such interest merely as security for the performance of an obligation. Are "landlords" entitled to be counted as part of "voting'quorums in elections.

A landlord is a homeowner and thus a HOA member. There are situations where there is a Property Manager that is hired to manage rental property. However, they are still hired by the homeowner. It would not be the Property Manager (PM) with the vote. There are also situations of "Power of Attorney". The owner no longer able to make decisions themselves which they empower someone else to do it on their behalf.

There is also the situation where a "Limited liability company" (LLC) owns the property. That may include more than one "owner". I like to call that situation "The one who draws the shortest straw goes to prison for all". Still would have just one vote for the property.

I don't care if someone is in the room or in Jamaica. They own the property and are members. Distance doesn't end one's rights.

I understand everything any one is saying our problem we're stuck with the same BOD members because we have "absentee" landlords and we have a problem with business requiring a vote when the votes require a 60% quorum conduct any business requiring a vote to pass. One of our absentee landlord's mailing address is Paris France.

Can't owners vote by absentee ballot via the mail? We have probably 25% absentee landlords and while they do vote less than owner occupants, they do vote because they can by mail.

Make it easy by allowing that and doing it correctly if permitted by your state & bylaws.

To NA1's point, do text or phone absentee owners. It takes work, but does work.

A proxy does have to be assigned. Many are assigned to the BOD. This is how many stay on the BOD year after year.

Our governing documents state that the owner(s) of the property get one vote per property. Check your governing documents. I must add, our governing documents were written in 1982. This year, 2024, we are spending thousands to update to governing documents to today's language. You might have to think of updating governing documents if yours are over 20 years old.

In SC, one votes via being there in person or submitting a Proxy naming someone else. We do not use ballots.

We switched to electronic voting this year. The proxy for one ballot measure and the ballot to vote on directors are sent out to everyone who signed up for electronic consent.

It has made a huge difference in the number of proxies we have gotten returned and each proxy and/or ballot counts towards our quorum.

It paid for itself with the money we saved having to print and send out all the packets.

We don't have a lot of absentee owners but we do have a lot of snowbirds. If you have trouble getting a quorum or enough proxies, consider electronic voting if your state allows it.