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UNEQUAL VOTING RIGHTS

Fractional Voting. The CC&Rs of some associations provide for a system of variable assessments and unequal voting rights tied to the member's ownership interest. For example, the CC&Rs may link each person's assessment and voting power to the square footage of his/her unit.

Corporations Code § 5330 provides that "A corporation may issue memberships having different rights, privileges, preferences, restrictions or conditions, as authorized by its articles or bylaws." Such arrangements are legal. (Cebular v. Cooper Arms HOA.)

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

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