Re: Fallback Voting Methods- By Household or Member?
From: Sharon Villines (sharonsharonvillines.com)
Date: Tue, 29 Mar 2005 08:54:47 -0800 (PST)

On Mar 28, 2005, at 4:10 PM, David Demaree wrote:

We're currently writing our bylaws and we've come up
against the issue of how to allocate votes in the
event that consensus fails.

Firstly, don't agonize over this too much as it happens very infrequently.

Secondly, there are many solutions to every problem and if only one or two people are refusing to agree, they also know they will lose a vote so they figure something out.

Some prefer to allocate votes by unit in order to
protect their economic investment.  We have considered
one or two votes per unit.

Some prefer to allocate votes by member since we are a
community of members (not units) and all members
should have an equal voice.

If it does come down to a vote, you are in trouble and need to be as conservative as possible. The community in all likelihood has broken down and allocating one vote per resident or member will probably not be a good idea. When the community gets down to voting, it also is more vulnerable to people not acting in good faith (out of anger) and manipulating votes by moving in 10 friends.

If it should ever come down to a vote, I would suggest going with the condominium law in your state or city so that you are operating in a manner that will be interpreted by the courts as proper and prudent. This is usually one vote per unit or a percentage vote per unit based on the percentage of common elements owned.

You also want this provision so people can get mortgages and the banks will more comfortable with something that looks like it follows standard practice.

It is unlikely to happen and this is the least of your problems at this point. Don't agonize over it.

Sharon
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Sharon Villines
Building Community: A Newsletter on Coops, Condos, Cohousing, and Other New Neighborhoods
http://www.buildingcommunitynews.org


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