Quote:
Posted By DwightT on 12/20/2007 7:37 AM
Re: no vote / non vote
IMO: You are both correct, and you are both wrong. I think you are really arguing semantics.
A non-vote is not a "No" vote. It is just not a vote.
But for the purposes of deciding if a measure should pass, it has the same EFFECT as a "No" vote.
Measures are supposed to be worded as questions: "Shall the Covenants be amended to allow...."
In order to pass, a certain number of "Yes" votes must be received. Until that number of "Yes" votes have been received, the measure does not pass. So in this respect, a non-vote is the same as a "No" vote.
However, as long as 100% of those eligible have not voted (and any specified voting period is still open), those who want to get the measure to pass can go talk to the people who have not voted yet and try to get them to vote in favor of the measure. So in this respect, a non-vote is NOT the same as a "No" vote.
Actually, those opposed to the measure can also try to convince the non-voters to vote against the measure. If enough "No" votes are cast to prevent the "Yes" requirement from being met, then the measure fails. IE: if 67% is required to pass, but 34% have voted "No", then the 67% cannot be achieved.
DwightT
THANK YOU! That was literally one of the best posts, I had read this morning. Being in a very similar predicament, I agree 100% with your explanation, who can (sensibly) argue with the reality of association living?
Those who are eligible to vote, but haven’t, shouldn’t be counted as an automatic NO, unless your governing documents states otherwise. THAT IS JUST WRONG, MORALLY AND ETHICALLY!
I feel as though Jill and her board would be doing a disservice to their association and those who have “voiced their opinion”, either for/against the amendment. If the board doesn’t attempt to solicit for votes from each member (eligible to vote on the matter), who hadn’t submitted a vote yet, who is too say (the amendment really passed or just failed, by default)owner apathy?
Once the board has received every vote, then they can total the results and determine whether the purposed amendment(s) passes or fails!
Chuck W.