I own 2 units in a building that is 15 units. Prior to purchasing my unit, I was on the board and I had 1 vote. Now that I own 2 units and I am on the board, can I have 2 votes? (assuming it is not restricted by the bylaws).

ANSWERS:

As a “member” of the association, you will be able to exercise (2) votes on all issues presented to members for vote. As a board member, though, you will continue to only have one vote.

Patrick F. O’Dea, Esq.
Nelson Mullins Riley & Scarborough, LLP
3751 Robert Grissom Parkway, Suite 300
Myrtle Beach, SC 29577-6412
Phone: (843) 946-5631
patrick.odea@nelsonmullins.com
www.nelsonmullins.com

The writer does not indicate what type of organization he or she is in, such as a condominium, cooperative or HOA. The organizational documents must be referred to and considered. It is probable that the writer will be entitled to only one vote, as directors and managers usually have equal voting power regardless of their holdings.

Lewis Montana
Levine & Montana
1019 Park Street – P.O. Box 668
Peekskill, New York 10566
Phone: (914) 737-3515
www.levinemontana.com

The issue is not being on the Board but ownership of units. Assuming the Governing Documents provide for one vote per unit, then someone owning 2 units would have 2 votes. Being on the Board is ordinarily not something providing a separate vote at general membership meetings.

Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
Phone: (717) 846-2246
saustin@austinlawllc.com
www.austinlawllc.com

Membership and voting on the Board is governed by the association documents. Board voting is typically not linked to the number or size of the units owned and is one board member, one vote. Voting at general association meetings is usually linked to the number or size of units owned and therefore you would have two votes at a general association meeting.

Kenneth D. Roth, Esq.
Marchetti Law, P.C.
900 N.Kings Highway, Suite 306
Cherry Hill, NJ 08034
Phone: (856) 824-1001
kroth@marchettilawfirm.com

Generally, board members only get one vote “per seat” on the board of directors. However, this board member has two votes as an owner. So for owner meetings, he would get 2 votes (or, if percentage votes, the percentages of both units) and board meetings, only one vote.

David G. Hellmuth
Hellmuth & Johnson PLLC
8050 West 78th Street
Edina, MN 55439
Phone: (952) 941-4005
dhellmuth@hjlawfirm.com
www.hjlawfirm.com

No. A member of the board of managers (or directors) may only cast one vote with respect to matters which come before the board no matter how many units such board member may own. However, in your capacity as a unit owner voting at a meeting of the unit owners, your by-laws may provide that you have the right to cast one vote with respect to matters which come before the shareholders for each unit that you may own.

John H. Gettinger, Esq.
Shapiro Gettinger & Waldinger, LLP
118 North Bedford Road, P.O. Box 320
Mount Kisco, New York 10549-0320
Phone: (914) 595-1468
www.kiscolaw.com