Adams Stirling PLC


QUESTION: Our association allows only one vote per unit, even when there are two people on the title. Is this legal?

ANSWER: Yes, it's legal. The number of votes in federal, state and local elections is based on the number of registered voters. The number of votes in homeowner associations is based on the number of units or lots. If it were based on the number of owners on title, you could have ten investors on title to four units who would then have forty votes. That would give them disproportionate power to determine the outcome of elections, especially if you have cumulative voting.

Owner of Multiple Units. If a member of the association owns multiple units/lots, that person has multiple votes, i.e., one vote for each unit or lot owned. In a 100-unit association, if one person owns ten units, they are allowed to cast ten ballots. All of which count toward quorum. An owner of multiple units has a greater say because of their multiple votes but they are also impacted more by matters voted on by the membership.

Board Votes. The one vote per unit restriction does not apply to votes by directors if co-owners of a unit are both on the board.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC