Multiple Lot owners, do they get multiple votes?

[Tsmyth]

We have a community of 30 lots, currently 6 built homes and there are some owners who own multiple lots.

Our Protective Covenants read (for amending)

This Declaration may be amended during the first twenty-five (25) year period by an instrument signed by not less the seventy-five (75) percent of the lot owners.

Since the beginning, 2004, where voting is concerned (Amending Bylaws and or Covenants) each LOT OWNER was allowed 1 vote per lot.  So if you had 4 lots, you got to cast 4 votes.

We had our Annual Meeting today and our Attorney felt, by the verbiage, 75% of lot owners, being each OWNER was allowed 1 vote and it does not matter if you own more than 1 lot.   About half of the actual owners own more than one lot.

Any guidance is greatly appreciated

 

[Gary Novosielski]

Well, far be it from me to question the average attorney's familiarity with Robert's Rules but, umm.  Hmm. I, uh, forgot what I was going to say.

Anyway--He's right that if RONR applies, the rule is One Person--One Vote.  It's one of the characteristics of a deliberative assembly.

However, it's not uncommon for community associations to have a rule in the bylaws that voting power is proportional to the number of lots owned.  I don't know what your bylaws say, but that's where the answer is.  Perhaps the Attorney has actually studies your bylaws and knows there is no such rule there.

But the specific language in your quote: 75% of lot owners, refers to owners, not lots.  Owners are human beings, or corporations that own the land.  If it had meant "a number of owners sufficient to control 75% of the lots" it could have done so, but did not.

[Tsmyth]

thank you.  I'll check into our Bylaws.

Found the answer to my question..... guess I should have done better research.

Each lot owner shall have one vote per lot owned. 

 

 

Edited September 26, 2023 at 08:56 PM by Tsmyth

[Atul Kapur]

I'm not certain that this settles the matter. Yes, Each lot owner shall have one vote per lot owned, but the specific provision on amendments does not call for a vote but requires

On 9/26/2023 at 4:07 PM, Tsmyth said:

an instrument signed by not less the seventy-five (75) percent of the lot owners.

Signatures on an instrument and votes are not the same thing.

I suggest you get the advice of a lawyer expert in the relevant law in the relevant jurisdiction (I make no suggestion on whether your attorney is such a person nor on whether you want to get a second opinion).

[Gary Novosielski]

On 9/26/2023 at 4:36 PM, Tsmyth said:

thank you.  I'll check into our Bylaws.

Found the answer to my question..... guess I should have done better research.

Each lot owner shall have one vote per lot owned. 

 

 

Yes but as @Atul Kapur has also noted, this "signed instrument" is a different matter which does not include any "voting" as such, and is its own rule with different language.

[puzzling]

On 9/27/2023 at 12:31 AM, Atul Kapur said:

I suggest you get the advice of a lawyer expert in the relevant law in the relevant jurisdiction (I make no suggestion on whether your attorney is such a person nor on whether you want to get a second opinion)

Hoa bussiness is about lots of money and legalese so i fully support mr Kapur.

Maybe have a look at the website of the home owners protection bureau  hopb.co lots of references to the more legal rules , regulations and instances to go to help.

But maybe it ends uo by an lawyer anyhow, it just is about a lot of money, happiness and about peoples home