End of year effort

Started by RobertR1 • 6 replies • 1264 views

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RobertR1 (South Carolina)
Posts: 5,164

Posted:

Good morning, seems to be some bees out buzzing around on the site this am. Thought I would try one more time about an old subject.

Apportioned votes in Condos?

Our documents go so far as to state that all voting must be by apportioed voting. To me, that means election votes are also apportioned. We have never done it but our last elections (1 man, 1 vote) (he/she) for a new board member, they tells us there was only one vote difference. We have a new election coming up and if someone want's to, it seems they could challenge last years election and stop this years if they so wanted. Personally, I like an apportioned interest as opposed to equal shares, it is a fairer rule.

Does anyone do apportioned votes for elections? Think about it a while because it does have merit.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

RobertR1: Not sure we understand what you mean--apportioned, 1 man, 1 vote? Do your docs state 1 vote per unit/by unit owner?

RogerB (Colorado)
Posts: 5,067

Posted:

RobertR1, some associations' CC&Rs provide for apportioned assessments and similarly apportioned voting weight. This can occur when the association consists of building in phases with different values of properties in different phases. An example for single familly homes would when property values in phase 1=$400K, phase 2=$600K, and phase 3=$800k. The apportioned assessment and voting weight in phase 1 = 1.0; phase 2 = 1.5; and phase 3 = 2.0. However, when property values are of similar values there is no approtioning provided in the CC&Rs.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

The apportioned assessment and voting weight in phase 1 = 1.0; phase 2 = 1.5; and phase 3 = 2.0. However, when property values are of similar values there is no approtioning provided in the CC&Rs.

Thank you Roger, I was pretty sure this is what our documents say but I have never heard specifically of any condo actually weighing the vote. Maybe some more people will chime in.

For Paul, I think Roger has provided the answers to your question, thanks for posting and if you want to add, feel free.

I think I will meet great resistence when I notify our Board what we should be doing, but that is hardly a surprise.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

RobertR1: I guess there is "apportioned voting" and then there is "apportioned voting"...

I am of the belief that apportioned voting can refer to the 'portion' of the percentage of units owned by any one unit owner. For example, if a unit owner owns 1 unit, he is entitled to 1 vote; if an owner owns 6 units, he is entitled to 6 votes. Seems fair since the 6-unit owner has a 6x-greater interest in the running of the association.

Your docs should state clearly what the 'apportionment' is referring to. If it is an assessment which is based on sq.footage, etc., that is then based on unit value--clearly different than voting power based on ownership of units.
Happy New Year to You!

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Happy New Year to you also Paul.

Actually, from what I believe I know, Condo apportionment is set when the complex is first advertized. I understand in most cases square feet are just a part of the picture, but it boils down to the price as first advertized of each unit. The total $$$$ of all the units are added, and price can reflect view, floor, etc, etc., this total amount is devided into the price of each individual unit and since we have sixty five units, you will find that all these numbers (apportion)will total 100%. This number is only set one time and can not be changed without a 100% vote.
All assessments, fees, expenses of any kind are from then on apportioned.
Of our sixty five units for as long as I have been here, I bet there was at any given time, a total of fifteen that even knew there was such a thing, and certainly did not have a clue of how it was figured and when one of them stumbled across it, all you heard was how unfair it was.
God forbid if this place ever gets condeemed and they have to distribute the value of the property, which is considerable, 4 1/2 acreas on the Ocean. But,
A new day is dawning with hope and good will.

GeraldT4
Posts: 1,022

Posted:

RobertR1 - Does everyone in your condo pay the same maintenance fee or is the fee tiered based upon sq. footage. If not, I don't see how you can justify providing owners more voting power than others.

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