HOA Board of Directors Voting Rules

Started by JustineP • 6 replies • 1449 views

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JustineP (Arizona)
Posts: 19

Posted:

We are a 55+ community located in Arizona and our residents are starting to get ready for the transition from the declarant. One of the questions that has been asked is the rule about voting for the board of directors. Our current by-laws state that each lot gets one vote. We have some residents that feel everybody here should get a vote, even if there is three or more in the home. Is anybody aware of any "laws" or "rules" that state how this should be done?

Thanks.

GlenL (Ohio)
Posts: 5,491

Posted:

Justine that rule is there for a reason, everyone owns the common areas equally so one vote per lot is fair and equitable. If you want to change it you would have to amend your documents to allow it and remember most mortgages have a clause to allow them to decide on whether or not to abide by documents after they've been changed before they would apply to everyone.

Studies show that 5 out of 4 people have problems with fractions

DonnaS (Tennessee)
Posts: 5,671

Posted:

Justine,
Here again, your governing documents will tell you what is the voting status of each unit. Usually, it is ONE VOTE FOR ONE UNIT OR LOT.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Oh My!

I wouldn't support that particular change for all the Tea in China, and I'm a tea fanatic.

I can see no earthly benefit for the organization for amending to allow such a voting rule, and can anticipate any number of problems down the road if it is altered and approved.

One extremely good argument to put it down is that the CC&Rs run with the land, i.e., the LOT. So one lot, one vote. Today. Next year. 10 years from now. The quantity of lots will pretty much always be the same.

If you have 300 lots, you have consistent voting numbers each and every year. Quorum is then easier and more consistent to establish - year in and year out; majority is consistent for amendment changes - year in and year out - just to name a couple issues.

If the lot is assessed ONE ASSESSMENT FEE, then it should be allocated ONE VOTE. If there are multiple votes allowed, well, then, there should be corresponding assessments tied to the number of voters.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Donna: she already stated that the current documents state one lot, one vote. She's saying that there are some vocal residents who want to CHANGE the documents to allow for MULTIPLE votes per lot, depending on the number of people (over 18, I guess) living there.

So if you and your husband live at one lot, you would then have 2 votes.

If someone else is a widow or widower, he or she would only have 1 vote.

If you and your husband care for/provide a home for a dependent parent, then you get THREE votes. . . .

Bad change and I can see no credible justification for doing it.

TimH1 (Alabama)
Posts: 17

Posted:

I'm a pretty smart guy, therefore I should be allowed 5 votes for Obama (or McCain, or Hilary; just pick your cup of tea).....

BrianB (California)
Posts: 2,820

Posted:

i like the "everybody" gets a vote thing, because that way, one of us can pay the yearly dues, but we could get double, triple, maybe even four times the voting/political power of anyone else paying the same money.

I can see my wife and I, our two kids (18 and 20) living at home while going to college, and my wife's mother all living here in the home. One set of dues, and I get 5 votes... heck, with another bedroom and a boarder, I could probably elect myself as president every year, without anyone else! All those saps who live alone and pay the same dues I do every year get far less votes than I do, but who cares!!? It's their fault for not having more people in the home.

Hmmm, maybe i could team up with the family down the block, who has 8 kids and their inlaws in the guest house, and we could vote as a block... we would be unstoppable!!

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