Votes vs Voters
Here Again, Dennis, with another recall-related question.
Regarding the Special Meeting for voting on recall, I see in 33-1813 that a quorum is present if the number of owners who are eligible to vote in the association at the time the person attends the meeting equal to at least twenty percent of the votes of the association is present at the meeting in person or as otherwise permitted by law. (I removed the 1000 portion since it doesn’t apply to our community based on size). Where I get knocked off track is the language regarding “votes”. Our community distributes votes differently: 405 of the residences have a vote weight of 1 and 436 of those residences have a vote weight of 2. Those vote weights apply to voting Directors onto the Board, for certain. I can’t find in our community documents anything that says they are weighted any differently for any other type of vote (Special Assessment, for example). I have been told by a long-time resident that all votes carry a weight of one for a recall vote. Is this based on an AZ law or is there some other place I should be looking that has this in writing?
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Rhonda,
Voting rights are established in the CC&R’s. If your CC&R’s establish that some units have one vote and others have two votes, then that applies to all voting by the members, including recall votes. The 20% is based on the total number of votes allocated in the community. In your case there are 1,277 allocated votes so that the quorum requirement are persons with 256 votes. This will be satisfied with any combination of single vote units and dual vote units with as little as 128 dual vote members or as much as 256 single vote members. How you are going to determine this is a mystery to me, but the law was based on the assumption that all units would get one vote.
Dennis
Well, I really can’t thank you enough for this….AGAIN! Your willingness to continue to hold my hand and guide me through this darkness is admirable!
Would we be remiss if we were to think that, because the law was based on the assumption that all units would get one vote, that assumption would supersede the language in our CC&Rs and would level the playing field in our community’s situation? (my fingers are crossed!)
Unfortunately, the assumptions made when drafting the legislation do not in any way alter the requirements of your CC&R’s.
Dennis