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Genesis

majority of cumulative votes

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Our homeowners association uses cumulative voting and also allows for voting by proxy. 

For the election of board members, an association meeting is required.  Quorum is a majority of owners by percentage of common interests.  Every year at least three seats on the board are open; there are a total of nine seats.  To be elected, a board member must have the majority of votes.

This year, we have three open seats and six candidates.

If 51% of owners are present in person or by proxy and satisfy the quorum requirements, then is 3 (seats) x 51 (percent present) equal to the number of total possible votes?  

What is the threshold that a candidate must meet to be seated?  More than (3 x 51) divided by 2, or more than 76.5?  If not, what is your calculation please?

Since only one candidate can have the majority of votes, does this process then require at least two more re-votes to fill the remaining two seats, assuming that a candidate was seated in the first vote?

 

  

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From the association's Bylaws:

"Voting shall be on a percentage basis. Each apartment shall be entitled to a vote equal to the percentage of the common interest assigned to such apartment in the Declaration. Votes may be cast in person or by proxy by the respective apartment owners as shown in the record of ownership of the Association..." and "Election of directors shall be by cumulative voting by secret ballot at each annual meeting and any special meeting called for that purpose. Directors shall hold office for a period of three years and until their respective successors have been elected, subject to removal as herein provided, except that at the first annual meeting three directors shall be elected for one year terms, three directors shall be elected for two years terms, and three directors shall be elected for three years terms."

From State Statute:

 "Voting for elections; cumulative voting.  (a)  If the bylaws provide for cumulative voting for an election at a meeting, each unit owner present in person or represented by proxy shall have a number of votes equal to the unit owner's voting percentage multiplied by the number of positions to be filled at the election.  (b) Each unit owner shall be entitled to cumulate the votes of the unit owner and give all of the votes to one nominee or distribute the votes among any or all of the nominees.  (c) The nominee or nominees receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected and shall be given the longest term.  (d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.

 

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2 hours ago, Genesis said:

What is the threshold that a candidate must meet to be seated? 

 

3 minutes ago, Genesis said:

(c) The nominee or nominees receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected and shall be given the longest term. 

Assuming that the statute you quoted is applicable, there is your answer. No majority is needed.

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