Re: Nonresident owners?
From: Michael Barrett (mbarretttoast.net)
Date: Sun, 20 Mar 2011 21:34:45 -0700 (PDT)
Our original bylaws were written saying that our consensus decisions were to be made by people present at the meeting. After having decisions contested by a non-resident owner by "proxy", we learned of the insufficiency of our bylaws. Proxy wasn't even mentioned, and an attorney advised us that "present" needed to be clearly defined as it could be interpreted in different ways (for example: electronic presence). We revised the bylaws (laboriously and with an attorney's advice and review), proposed them, and predictably had consensus blocked (remotely by the non-resident owner). Then _very carefully_ (to avoid a legal challenge) we went through our post-block process - which includes a possible override vote with an 85% majority required. For the first time ever (I think) the override vote was used and the bylaws were changed. (Although not required, every household voted). "Present" is now defined in "Definitions" in the bylaws as meaning physically present in the room. The bylaws now also say no electronic representation is allowed and no proxies are allowed. Non resident owners are permitted to submit limited written material to be read at the meeting, with that to be included in the minutes. Non residents can also always seek support from resident owners.

Michael
Shadowlake Village, Blacksburg, Virginia

On 3/20/2011 9:33 PM, Marty Roberts wrote:
Does anyone have a policy for dealing with decision input from persons
who own a house in your community but don't live there?  We have an
owner who lives the majority of the time in another county.  We're not
sure how to respond when she disagrees with an activity proposed by
someone who does live here full time and does participate fully in our
community.


Marty Roberts, Posting for a neighbor here at Two Acre Wood in
Sebastopol, CA





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