20 votes for home builders

[Guest Travis Jacob]

We just had our first board election in a new neighborhood, there is still one phase being completed.

4 homeowners ran and 2 builder/ developers ran, the by laws allow builders to enter 20 votes per property/lot owned. Homeowners were only allowed 1 vote per household.

The election resulted in both builders being elected to the board and only one homeowner being elected to the board.

Are there anyway to have this bylaw changed to limit the votes builders have?

[Rob Elsman]

This is a very common situation in new developments.  The weighted voting is intended to protect the developer's investment until the cost of the development can be recouped.  You would need to speak to an attorney about the possibility of getting out from under this provision.

[Atul Kapur]

On 2/29/2024 at 12:58 PM, Guest Travis Jacob said:

Are there anyway to have this bylaw changed to limit the votes builders have?

Check what the bylaws themselves say about their amendment. It's usually near the end of the document. You will also want to cross-reference regarding weighting of votes for this purpose (whether the developers also have 20 votes / lot for this purpose or only for elections of the board).

And I agree that you will want to consult an attorney with expertise and experience with HOA's in your jurisdiction.

Edited February 29, 2024 at 07:09 PM by Atul Kapur
Added underlined text

[Joshua Katz]

I agree with Mr. Elsman's advice to check with an attorney.