Formal Vote

The residents in my development recently voted on a proposal for curbside garbage/recycling pickup. Ballots were sent from the association's management copany to each resident and the majority voted yes. Although our builder, who is also president of the board, originally was in favor of it voted no on all his rental properties which is 6. Still the majority voted yes and won the vote.

We received an email today that although the majority voted yes, he has denied curbside pickup. He feels that the garbage cans will be an "eyesore" He also does not want fines imposed in the development. We are a small development that is not completed and we do not have control (obviously).

Can he override a formal vote? Is there are recourse for the residents??

We have gone to the township regarding several issues on this builder and developer. They have forced the builder and developer to finish several capital improvements that they were incomplete in less than a month.

Until we get control is the township our best avenue to rectify issues with the developer and builder?

thanks for any advice you can give me.

It's all going to depend on your documents. If they give the developer the right to overrule a vote, then yes, he will have that right. But because the issue was even voted on, and he voted with this units, makes me think he might not have the right. Read your docs from front to back.

Joe

When finished our development will have 40 units. Todate 26 are sold (the builder owns 7 of these 28, rents 6 one is the model).There are 2 homes built not sold and 12 lots (no building on them).

the board consists of two residents of my development. the remaining 3 seats on the board is the builder and his sons.

Maureen,

From the info you gave, the developer owns 7 homes outright, meaning he gets one vote per home for any issues the members vote on, i.e., he gets 7 votes all the other h/o's get 1. As the developer, he owns 2 spec homes and 12 empty lots which = 14 out of 40 lots. There are 26 homeowners, including himself. If, as declarant, he gets 3 votes per lot, then he still has control of the votes at a meeting where the members vote. If he gets less than that, then he does not have that control. However, with a 5-member board and 3 seats belonging to him and his two sons, he has the upper hand on any board votes. Your bylaws should tell you how many votes he gets per lot, as the declarant.

Maureen,

Not sure if I understood your figures but it seems:

homeowners 26
builder owns 7 which he rents
builder owns the model 1
builder owns 12 lots. Didn't you say a lot receives 3 votes?

If this is so he controls the vote.

In addition with a 3 to 2 vote on the board he controls the board vote. If this is correct even if all homes are sold and he owns the lots this still would give him 36 votes. Very confusing. I can assure you since the builder had the documents prepared I'm sure they were done in his favor.

Mary,
Could there be stipulations in the documents that over ride this vote business and the developer just fall back on the , until he turns over the association he still can do anything he pleases. How cut and dried is this stuff.