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LindaD4 (South Carolina)
Posts: 12
Posted:
I have challenged our BOD regarding voting rights. They say that only 1 vote per household is allowed in the elections of officers. However, if I am listed on the deed along with my husband why is only one person allowed to vote in the household? According to our covenants under the the article of Membership and Voting rights it states
"Section 1. Membership: Every person or entity who is a recorded owner of a fee in any lot which is subject to this Declaration shall be an Owner-Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.

Section 2. Voting rights: Each Owner-Member shall have one (1) vote for each lot owned by him in the subdivision."

I interrupt that it means every person in that household listed on that deed should be able to vote. Am I correct?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Linda,
Yes, only ONE person per lot is allowed to vote. If there are 20 people listed on the deed, ONE person is the voter. Many associations ask for a "designated" voter for any lot. My Husband and I are on our deed. He is not savy on the HOA stuff so I am the assigned voter on registration.

Your section 2 states it as clear as can be--one lot, one vote. This is standard on almost all documents.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Well, Linda, you are the victim of a poorly written document. As I have observed a number of times in the past, covenant documents written by attorneys are some of the poorest work of the legal profession. It is an embarrassment to the legal profession, and to law schools that such documents exist.

You are correct. As I read what you have posted, each owner listed on the deed is entitled to one vote per unit.

However, I would suggest to you that the intention is that each lot or unit is entitled to one vote.

If I were you, don't make a big deal out of this. Don't make an issue of it. Go with the one vote per unit, not one vote per recorded owner. By making an issue of this, you will create controversy and dissension that can only be resolved by a legal challenge. The question then becomes, "Is it worth the cost to you and to the association?"
DonnaS (Tennessee)
Posts: 5,671
Posted:

Linda,

I am not sure what I just typed to you is what your section means. I think that it is not correct and the #2 certainly is not the normal. Wait a few minutes and everyone will jump on this as it is really fodder for arguement.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
I disagree with Donna's interpretation. Section 2 clearly provides for one vote for each member per lot, not one vote per lot, and Section 1 defines a member as each person whose name is recorded on the deed.

Nevertheless, the common practice is one vote per unit or lot.

SusanW1 (Michigan)
Posts: 5,202
Posted:
I can see the confusion. These bylaws appear to be written before joint ownership was a common thing.

Work to encourage the board to amend the bylaws and clarify that they mean one vote per lot, even though there may be many members in a household.

The vote should go with the property, not the people.

(and to add to the confusion, our bylaws say one vote per "improved" property lot, but only one vote allowed to be cast no matter how many lots you own.)

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