Banning certain homeowners from voting

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  • #372729
    timothadeus
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    So we live in a community where a lot of homeowners dont actually live in the houses for most of the year. Its more like their vacation home or second home. Some of them rent out the homes (its allowed in our HOA) but others leave them compeltely empty when their not around. My question is can we ban these homeowners from voting on things at meetings? They can still attend but not vote on stuff… it just feels unfair because their not here most of the time but they still get a say in how things are run. They dont even know whats happening for a large part of the year.

    #372730
    peoniesforme
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    Not sure what the laws are in your state, but I don’t think this is possible in ours. Homeowners are homeowners whether or not they live in the homes most of the time. They still own a stake in the HOA and they should still be allowed to vote. For those with tenants, they might ask their tenants to be their proxy (depending on whether that’s allowed in your community).

    #372731
    earlh0808
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    I agree with the above response. It is likely that you cannot ban these homeowners from voting just because they don’t live there. However, I know of some HOAs that have rules saying only homeowners who live in the community can run for the board. I’m not sure if that’s related at all to your concern but just my two cents.

    #372732
    florettemc
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    Does your board try to keep these homeowners updated on the issues surrounding your home owners’ association? That would be a good solution so that they can make informed votes. I know it can be frustrating, but they are still homeowners (as peoniesforme said), so they still have a right to vote.

    #372733
    timothadeus
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    Thank you all for the responses! We are not deadset on this decision yet but we are just explornig our options.

    #372734
    wicked_oz
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    This is a piece of advice I give out to everyone — ASK AN ATTORNEY. Always good to have legal advice from someone who actually knows the law.

    #372994
    Dell
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    timothadeus,

    Please be aware that the courts see the governing documents (CC&Rs, articles of incorporation, bylaws and even rules and regulations) as contractual terms. If the Bylaws have no provision for disqualifying owners from voting at owners’ meetings, because the owners are part-year residents, then no, your HOA cannot lawfully take away their right to vote at owners’ meetings.

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