I've been going through our condo by-laws and for the life of me I can't understand what the bottom line is about votes by proxy. I take the following to mean that one single owner can't accept as many proxies as are given him if the number is more than five. Can someone help me translate what this means, in simple language?
"Each unit shall be entitled to one vote regardless of number of owners. The owner or owners of each unit, or some person appointed by such owner or owners to act as proxy on his or their behalf, shall be entitled to cast the vote appurtenant to each such unit at all meetings of unit owners.
The appointment of any proxy shall be made in a writing filed with the secretary, and shall be revocable at any time by notice in writing to the secretary. No one person may hold more than five (5) proxies.
Voting shall be on a percentage basis. The percentage of the vote to which an owner is entitled shall be the percentage of the sum of the percentages of ownership interest in the common elements assigned to the unit or units owned by him as set for in the declaration."
I particularly don't understand the percentage part, either. Any help on what this means would be so appreciated!
MermaidMermaidpicky7,871 postsJoined View profileMessagepicky
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Matt JMatt JSWGB24,862 postsJoined View profileMessageSWGB
Matt JSWGB24,862 postsJoined View profileMessageSWGBBasically it means one unit one vote. Doesn't matter if their are 12 owners, they only get one vote and have to designate one owner to make that vote.
The reason for limiting proxies (signed, sometimes notarized depending on bylaws, statement of vote) is to keep one owner from just getting other disinterested owners to sign something. Most associations will mail a proxy with any official business and request it be returned to the secretary.
The reason for limiting proxies (signed, sometimes notarized depending on bylaws, statement of vote) is to keep one owner from just getting other disinterested owners to sign something. Most associations will mail a proxy with any official business and request it be returned to the secretary.
Matt JMatt JSWGB24,862 postsJoined View profileMessageSWGB
Matt JSWGB24,862 postsJoined View profileMessageSWGBBTW, if an owner owns multiple units they get a vote for each unit.
scooterbug44scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal Expert
scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal Expert1) One vote per unit, regardless of how the unit is owned
2) Your proxy choice must be in writing and on file to make it official. One person can't be in charge of more than 5 people's votes.
3) The more you own, the more your vote counts. Someone who owns 32% of the condo has a vote that counts more than someone who owns 7%.
2) Your proxy choice must be in writing and on file to make it official. One person can't be in charge of more than 5 people's votes.
3) The more you own, the more your vote counts. Someone who owns 32% of the condo has a vote that counts more than someone who owns 7%.
Matt JMatt JSWGB24,862 postsJoined View profileMessageSWGB
Matt JSWGB24,862 postsJoined View profileMessageSWGB1) One vote per unit, regardless of how the unit is owned
2) Your proxy choice must be in writing and on file to make it official. One person can't be in charge of more than 5 people's votes.
3) The more you own, the more your vote counts. Someone who owns 32% of the condo has a vote that counts more than someone who owns 7%.
If you are talking about someone owning 32% of a condo building/complex over someone who owns 7% of same then yes, you are correct. However the actual ownership of an individual unit is not a matter the association is worried about. That is for the individual units owners to determine who will represent them.
Matt JMatt JSWGB24,862 postsJoined View profileMessageSWGB
Matt JSWGB24,862 postsJoined View profileMessageSWGBSorry I missed the percentage basis. This is laid out to give each unit owner the same percentage of voting power. For instance many condos differ the assessments based on size of the unit; whether that be square footage, bedrooms, floor plan, etc. varies from condo to condo. However when you purchase a single condo unit you own the same amount of the common elements (pools, common balconies, tennis courts, etc.) as everyone other unit in the building/complex. This keeps the balance of power equal among all owners. If it's not spelled out then a board could make a motion that percentage be based on value. Obviously the folks in the penthouse units would get an unfair advantage.
Thanks so much for your help--and SWGB, I'll be PM'ing you for more plain English. :clap:
scooterbug44scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal Expert
scooterbug44SoWal ExpertSowal16,706 postsJoined View profileMessageSoWal ExpertIf you are talking about someone owning 32% of a condo building/complex over someone who owns 7% of same then yes, you are correct. However the actual ownership of an individual unit is not a matter the association is worried about. That is for the individual units owners to determine who will represent them.Yes, I was talking about the ownership of the entire kit n kaboodle. #1 covered individual units.
Matt JMatt JSWGB24,862 postsJoined View profileMessageSWGB
Matt JSWGB24,862 postsJoined View profileMessageSWGBYes, I was talking about the ownership of the entire kit n kaboodle. #1 covered individual units.
Gotcha. :wave:
Smiling JOeSmiling JOeSoWal Expert31,643 postsJoined View profileMessageSoWal Expert
Smiling JOeSoWal Expert31,643 postsJoined View profileMessageSoWal Expertsounds like you have received some good info on here, mermaid.
sounds like you have received some good info on here, mermaid.
Indeed I have, but I expected no less from SoWal. :clap:
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