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directors voting


Guest don deyoe

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Our bylaws allow only one vote per lot. If a husband and wife sit on the board of directors at the same time and are coowners in their lot, do they gey one vote each as a board member or only one vote because they of what our bylaws say.

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Generally speaking, they'd each have a vote as individual members of the board. I suspect the one-vote-per-lot rule applies only to meetings of the general membership. But one would have to read your bylaws in their entirety (something that's beyond the scope of this forum) to give a definitive answer.

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bylaws do not specify between general meetings or board meeting. It only states that members of the board are lot owners. In all documents it only allows 1 vote per lot owned. Here is the problem, if you have coowners sitting on a five person board they control 40% of the voting power of the board. When you have only 3 members on the board that show up for a meeting, which is a quorum, than they own 66% of the vote and can control and pass issues and do business that may be questionable. I can find no language in any document that addresses this sistutation. It is realistic to beleive that the intent of the language is to have only one vote per lot reguardless of the owners position in the association.

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Here is the problem, if you have coowners sitting on a five person board they control 40% of the voting power of the board. When you have only 3 members on the board that show up for a meeting, which is a quorum, than they own 66% of the vote and can control and pass issues and do business that may be questionable. 

 

Presumably the general membership knew that these three people were all owners of the same lot. I doubt that they would have elected them if they thought they'd have to share just one vote on the board (what would be the point?).

 

On other hand, if you argue that they do, in fact, have only one vote, and they're the only members who show up, you'll have a quorum . . . and a prevailing vote of 1-0.

 

I think the first interpretation makes more sense.

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Presumably the general membership knew that these three people were all owners of the same lot. ,,,

...

 

(I don't think he meant this.  I think he's talking about two owners, who, if they both show up at a meeting of a five-member board that two of the other members don't show up for, then those two amount to two-thirds of the three who have shown up.

 

Not that it matters any at this point.  Just that I know you like to count right.)

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I think he's talking about two owners, who, if they both show up at a meeting of a five-member board that two of the other members don't show up for, then those two amount to two-thirds of the three who have shown up.

 

Not that it matters any at this point.  Just that I know you like to count right.)

 

Yes, thanks for the clarification. I was misled by the following statement.

 

When you have only 3 members on the board that show up for a meeting, which is a quorum, than they own 66% of the vote and can control and pass issues and do business that may be questionable

 

The principle remains the same. If the couple shared one vote it would have made no sense to elect both to the board (not that elections always make sense).

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