Sec. 47-252. Voting. Proxies. Ballots. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by a proxy pursuant to subsection (c) of this section or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection (d) of this section.
(b) At a meeting of unit owners the following requirements apply:
(1) If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners casts the votes allocated to the unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(2) Unless a greater number or fraction of the votes in the association is required by this chapter or other law or the declaration, a majority of the votes cast is the decision of the unit owners.
(c) Except as otherwise provided in the declaration or bylaws, the following requirements apply with respect to proxy voting:
(1) Votes allocated to a unit may be cast pursuant to a directed or undirected proxy duly executed by a unit owner;
(2) If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy;
(3) A unit owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association;
(4) A proxy is void if it is not dated or purports to be revocable without notice;
(5) A proxy terminates one year after its date, unless it specifies a shorter term; and
(6) A person may not cast votes representing more than fifteen per cent of the votes in the association pursuant to undirected proxies.
(d) Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. In that event, the following requirements apply:
(1) The association shall notify the unit owners that the vote will be taken by ballot;
(2) The association shall deliver a paper or electronic ballot to every unit owner entitled to vote on the matter;
(3) The ballot must set forth each proposed action or office to be filled and provide an opportunity to vote for or against the action or the candidate for office;
(4) When the association delivers the ballots, it shall also: (A) Indicate the number of responses needed to meet the quorum requirements; (B) state the percentage of votes necessary to approve each matter other than election of directors; (C) specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than three days after the date the association delivers the ballot; and (D) describe the time, date and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so;
(5) Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability or attempted revocation by the person that cast that vote; and
(6) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
(e) If the declaration requires that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units: (1) This section applies to lessees as if they were unit owners; (2) unit owners that have leased their units to other persons may not cast votes on those specified matters; and (3) lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were unit owners.
(f) Unit owners shall also be given notice of all meetings at which lessees are entitled to vote.
(g) Votes allocated to a unit owned by the association shall be cast in any vote of the unit owners in the same proportion as the votes cast on the matter by unit owners other than the association.
(h) For the purposes of this chapter, "fraction or percentage", with respect to the unit owners or the votes in the association, means the stated fraction or percentage of unit owners of units to which at least the stated percentage or fraction of all the votes in the association are allocated, unless the provisions of this chapter provide that the "fraction or percentage" refers to a different group of unit owners or votes.
"Anyone, whether a property manager or a volunteer Board member, who has responsibility for running an election, should use VoteHOAnow for a virtually effortless election."
"Our election was a success, with more votes than we've seen in years, and over half of all votes came in via electronic voting."
We really appreciated how flexible and easy to work with VoteHOANow was during the process of getting our community ready to vote electronically for the first time.
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Privacy policy
