No Title , No Vote, No Board Member
LIMITS ONE PERSON PER UNIT
TO BE A VOTING MEMBER OF THE ASSOCIATION’S BOARD OF DIRECTORS
For most homeowners it may seem obvious that each unit may have only one vote to cast on matters pertaining to the homeowner’s association. Also, when two or more owners of the same unit are present at a meeting, they may only cast one vote per unit on each issue. The same concept applies to the presence of homeowners that may be counted to constitute a quorum. A unit may only be represented by one person.
Still there are some associations where more than one of the owners on title of a particular unit has been elected or appointed to serve on a Board of Directors at the same time. Moreover, each of these board members would have one vote. Therefore, a single unit may have two votes on the board where a unit has two owners serving contemporaneously on the same board. This gives them an unfair advantage on matters voted on by the board. This practice, however, has been justified by them on the basis that the CC&Rs and Bylaws fail to specifically prohibit more than one person per unit to serve on the same board at the same time.
For some, legislation may be necessary to limit the members of the Board of Directors to one member per unit irrespective of the number of owners on title to the property. In the meantime, homeowners should realize that each unit only has one vote, therefore, only one person per unit should be a member of the Board of Directors at any given time.