FREQUENTLY ASKED QUESTIONS

The level of owner voting power required for approval is determined by the governing documents and tends to vary depending on the type of decision. Most governing documents list a group of decisions requiring greater than majority approval, specify the level of approval required for each, and state that all other owner decisions are made by a majority. In instances where the governing documents are not specific, a majority approval requirement is presumed. When interpreting voting requirements in governing documents or in the law, it is important to pay close attention to the wording. When a matter requires the approval of a specified percentage, or the majority, “of all owners” or “of the total voting power of the association,” it means that the voting power cast for approval must be measured against the total voting power of all owners including those who did not cast votes. When a matter requires the approval of a specified percentage, or a majority, “of the owners” (i.e., without using the word “all”), or “of the votes cast,” it means that the voting power cast for approval is only measured against the total voting power cast.

An owner’s voting power is determined by the governing documents. In most homeowner associations, each owner has one vote of equal weight regardless of his/her ownership or assessment percentage, or the value or size of his/her unit or lot. If voting power is not specified in the governing documents, the law presumes that each unit or lot is entitled to cast one vote, with all the votes being weighed equally.

Most governing documents require that the association prepare and maintain minutes of all owner meetings and that these minutes be made available to owners for inspection on written demand at any reasonable time for any reasonable purpose. There may be a requirement that the secretary is responsible to prepare the minutes within a prescribed number of days following the meeting. All minutes remain in draft form until they are approved at the next association or board meeting.