Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2015
    Posts
    2

    Default Voting Rules and Records for a Condo Board

    My question involves a condominium located in the State of: Michigan

    Our by-laws state that Accessory Structure are allowed per board or developer approval. Our board had two members that simply did not want anyone to have any sort of structure on their properties regardless of location or appearance and dismissed all requests. The board was then pressed on the matter, so they decided to have a vote by sticking flyers in all the residence mailboxes and told everyone to have their ballot back by a certain date. When the votes were tallied, the outcome was supossedly no on structures.

    My question is whether I/we have a legal right to review the votes as they were printed with each unit on them, due to the fact I do not trust them. Lastly, is this even the proper / legal way to hold a vote?

    Other information. We have a professional Management company representing our community. Should this have been something that went through them?

    I've asked the board for the yes/no count and thus far been ignored on my request.

    Thank you in advance.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Voting Rules for a Condo Board

    You should read the CC&Rs to see what they say about how the board is to conduct its business.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Voting Rules for a Condo Board

    Odds are that the association's bylaws specify the rules of order adopted by the board for the conduct of its meetings.

    Owners have the right to review condo records, by statute.
    Quote Quoting MCL Sec. 559.157. Books, records, contracts, and financial statements; examination; audit or review; opt-out of requirements of subsection (2)
    (1) The books, records, contracts, and financial statements concerning the administration and operation of the condominium project shall be available for examination by any of the co-owners and their mortgagees at convenient times.


    (2) Except as provided in subsection (3), an association of co-owners with annual revenues greater than $20,000.00 shall on an annual basis have its books, records, and financial statements independently audited or reviewed by a certified public accountant, as defined in section 720 of the occupational code, 1980 PA 299, MCL 339.720. The audit or review shall be performed in accordance with the statements on auditing standards or the statements on standards for accounting and review services, respectively, of the American institute of certified public accountants.


    (3) An association of co-owners may opt out of the requirements of subsection (2) on an annual basis by an affirmative vote of a majority of its members by any means permitted under the association's bylaws.
    You would be able to figure out from the rules and records what rules exist in relation to absentee or proxy voting, whether those rules appear to have been followed, and vote counts. You can also review the Michigan Nonprofit Corporations Act to see if the condo association is following its more general duties and record-keeping responsibilities. See e.g., MCL 450.2403 - 450.2404 pertaining to notice requirements and proxy voting for special meetings. You may not be able to gain access to everything you want -- for example, the condo association may have no duty to maintain certain records that you would prefer to be able to review.

  4. #4
    Join Date
    Jun 2015
    Posts
    2

    Default Re: Voting Rules for a Condo Board

    Quote Quoting budwad
    View Post
    You should read the CC&Rs to see what they say about how the board is to conduct its business.
    I tried to find something specific... Everything states a quorum needs to be established and then voting can commence for a. This "vote" was simply a ballot type vote where you said yes or no, and then turned back into one of the members. There isn't anything outlined for this type of vote...

    Thank you very much for your response!

    - - - Updated - - -

    Mr. Knowitall,

    Thank you for the information. I'll review the items you referenced and see if I can get some traction with this.

    1. Sponsored Links
       

Similar Threads

  1. Condo & Co-Op Boards and Associations: Who Can Be on the Condo Board
    By WillHell in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-21-2012, 08:50 PM
  2. Condo & Co-Op Boards and Associations: Board is Not Enforcing Condo Rules
    By Linkat in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 10-26-2011, 11:50 AM
  3. Can Condo Board Enforce Rules Against One Owner, but Not Another
    By alnyecol in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 06-27-2011, 08:57 AM
  4. Homeowners Associations: May HOA Board Rules Be Wrong
    By B-52 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-27-2009, 07:21 AM
  5. Voting rules for a Florida HOA
    By flrider in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-21-2007, 04:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources