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SusanB7 (New York)
Posts: 4
Posted:
A property on multiple lots has changed hands. The former owner had one vote and paid multiple assessments.
Further, builders who own multiple lots have paid assessments on each and had one vote.
This has been the practice for 20yrs.
Now that the multi lot home has changed hands, the new owner wants multiple votes.
He's not even interested in amendment of his assessment--just wants the votes.
Our organization is not large and is an HOA and not a condo assn.
We are in NY and our NPCL states "one man-one vote". This has been law since 1971 and upheld in high courts.
The organizational documents do not specifically mention multiple votes.
A stand off has gone on for a few years but some Directors are saying he is being denied rights.
Comments??
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My question is this: Do you lose your right to vote if your behind in your assessments? If this owner decides not to pay his mulitiple assessments, he may lose whatever voting power he may gain anyways. If he wants these votes enough, that means he's got to be willing to keep up to date on all his assessments. That means guaranteed money to the HOA until he decides to get behind.

If this person was a board member, I would be more concerned. The BOD does have a bit more power than a general member. The owner may have 3 votes but if there are 50 other members, he's still NOT a majority vote holder anywhere. With alot of owner apathy, that's the place the "real" danger may occur. His mulitiple votes may indeed change into a majority vote of GENERAL members. General members votes are on different issues than a majority BOD vote. General members tend to have the right to vote on changes in the CC&R's, By-laws, elect BOD members, and remove BOD members. BOD members tend to have voting rights that effect the daily workings of a HOA budget. So this person may not pose much of a threat. However, your HOA may want to consider updating their CC&R's to cover this section and do a general update overall on the documents.

Former HOA President
MicheleD (Kentucky)
Posts: 4,491
Posted:
I don't think it really matters what has been the common practice for a number of years, if your governing documents indicate that each lot has a vote, then each lot has a vote, regardless of whether the owner of any particular lot owns another, or even several, lots in your community.

Our documents are written that way. One lot = one vote. If you own 2 lots, you have 2 votes, if you own 10 lots, you have 10 votes.

The only other mention of lot/votes is when the developer was still in charge of HOA. Developer-owned lots = 10 votes in that case. Once the HOA was turned over, then the lots all reverted to 1 lot = 1 vote.

They were described as "classes" of votes, where the class that the developer had was equal to 10 votes.

Now, if your documents don't address that, then I don't know what to tell you, but chances are somewhere in either your CC&Rs or your by-laws, it does.

And it's not 1 man 1 vote, because lots are owned sometimes by multiple owners (husband and wife comes to mind), but the lot STILL only has ONE vote allowed.

SusanB7 (New York)
Posts: 4
Posted:
IN NY the case law is one man, one vote.
AS for your suppositions of what could happen or motive. It's more sinister than that. An advantage would come due to apathy. This one person would have more than 10% of the total voting power. The association could be dissolved by a certain vote and that could be operative. Or it could just be the desire for a power trip by some buddy on the BOD. The person with multiple votes could vote for themselves multiple times and no one would know due to secret ballot. In condo associations it is a vote per unit no matter how many units. Is it that way in your HOA?? ANd no, our docs do not address.
Looking to change or elaborate on the CC&R's is food for thought.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I would be interested in reading your governing documents. I find it highly unusual that an HOA would not have some definition of voting.

Is there anyplace on line that the documents might exist? How would any amendment be created or board be elected without some designation in the documents of what constitutes a majority and how the votes are determined.
HaroldS1 (Arizona)
Posts: 314
Posted:
Susan - your scenerio that this person could disolve the association is not true. Somewhere in your CC&Rs there has to be a requirement of per cent of owners needed to terminate - ours requires 90%. That doesn't mean 90% of those voting, but 90% of owners.
What actions HOAs take affects each property - not each "man". If a person owns multiple lots, that person is entitled to a vote for each lot. I too would like to see what your CC&Rs state. Harold
SusanB7 (New York)
Posts: 4
Posted:
Ours is 2/3 majority vote for dissolution.
Can you share the language your docs use to describe voting rights?
Also what state are you in??
ARe your docs in accord with the NPCL??
s
PaulM (Pennsylvania)
Posts: 1,347
Posted:
SusanB7: I question the meaning of the phrase you have used--
'one man-one vote'. The number of votes is determined by the number of units owned (not men); therefore, 1 unit=1 assessment fee=1 vote; 10 units=10 assessment fees= 10 votes, etc.

I am not familiar with the NY-NPCL but am interested in what your 'organizational documents' state regarding voting. Check your official docs, CC&Rs/Bylaws and give us more info.

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