Eligibility to Vote

Started by SusanS9 • 2 replies • 1186 views

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SusanS9 (California)
Posts: 56

Posted:

If a house is sold during an election, what date governs which owner is eligible to vote since elections typically take a month between when ballots are sent out and election day. The owner of record on election day?

AnnaD2 (Florida)
Posts: 960

Posted:

I would say that the date that is recorded in the county records would be the date that reflects the current owner.

For instance:

If your "voting date" is counted on "March 1, 2010" and the closing date is recorded on "February 22, 2010" and you received a vote from the original owner dated "February 10, 2010" and you received an additional vote on "February 27, 2010" from the new owner then the "new" owner's vote would count---and not the orginal owner's vote.

But I seriously doubt a new owner would have an interest in ANY voting within your association that quickly. But if that is the case, when your vote is counted then the original owners vote would be null and void, too. They're not an owner during that meeting to count/tally the votes.

Just my opinion...you make get other's about this.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Susan,

The AZ nonprofit corp statutes require the assn to fix a "record date" for determining the members entitled to notice of a members' meeting and also for determining the members entitled to vote at a members' meeting. Whoever is the owner of record on the record date would be eligible to receive notice of the meeting and to vote.

I suggest you check out the Davis-Stirling Act and perhaps the CA nonprofit corp statutes to look for a statute which deals with "record date" under "voting".

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