§ 3-110. Voting; proxies; ballots
(a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at
a meeting in person, by absentee ballot pursuant to subdivision (b)(4) of this section,
by a proxy pursuant to subsection (c) of this section or, when a vote is conducted
without a meeting, by electronic or paper ballot pursuant to subsection (d) of this
section.
(b) At a meeting of unit owners, the following requirements apply:
(1) Unit owners who are present in person may vote by voice vote, show of hands, standing,
or any other method for determining the votes of unit owners, as designated by the
person presiding at the meeting.
(2) If only one of multiple owners of a unit is present, that owner is entitled to cast
all the votes allocated to that unit. If more than one of the owners are present,
the votes allocated to that unit may be cast only in accordance with the agreement
of a majority in interest of the owners, unless the declaration expressly provides
otherwise. There is majority agreement if any one of the owners casts the votes allocated
to the unit without protest being made promptly to the person presiding over the meeting
by any of the other owners of the unit.
(3) Unless a greater number or fraction of the votes in the association is required by
this chapter or the declaration, a majority of the votes cast determines the outcome
of any action of the association.
(4) Subject to subsection (a) of this section, a unit owner may vote by absentee ballot
without being present at the meeting. The association promptly shall deliver an absentee
ballot to an owner that requests it if the request is made at least three days before
the scheduled meeting. Votes cast by absentee ballot must be included in the tally
of a vote taken at that meeting.
(5) When a unit owner votes by absentee ballot, the association must be able to verify
that the ballot is cast by the unit owner having the right to do so.
(c) Except as otherwise provided in the declaration or bylaws, the following requirements
apply with respect to proxy voting:
(1) Votes allocated to a unit may be cast pursuant to a directed or undirected proxy duly
executed by a unit owner.
(2) If a unit is owned by more than one person, each owner of the unit may vote or register
protest to the casting of votes by the other owners of the unit through a duly executed
proxy.
(3) A unit owner may revoke a proxy given pursuant to this section only by actual notice
of revocation to the person presiding over a meeting of the association.
(4) A proxy is void if it is not dated or purports to be revocable without notice.
(5) A proxy is valid only for the meeting at which it is cast and any recessed session
of that meeting.
(6) A person may not cast undirected proxies representing more than 15 percent of the
votes in the association.
(d) Unless prohibited or limited by the declaration or bylaws, an association may conduct
a vote without a meeting. In that event, the following requirements apply:
(1) The association shall notify the unit owners that the vote will be taken by ballot.
(2) The association shall deliver a paper or electronic ballot to every unit owner entitled
to vote on the matter.
(3) The ballot must set forth each proposed action and provide an opportunity to vote
for or against the action.
(4) When the association delivers the ballots, it shall also:
(A) indicate the number of responses needed to meet the quorum requirements;
(B) state the percent of votes necessary to approve each matter other than election of
directors;
(C) specify the time and date by which a ballot must be delivered to the association to
be counted, which time and date may not be fewer than three days after the date the
association delivers the ballot; and
(D) describe the time, date, and manner by which a unit owner wishing to deliver information
to all unit owners regarding the subject of the vote may do so.
(5) Except as otherwise provided in the declaration or bylaws, a ballot is not revoked
after delivery to the association by death or disability or attempted revocation by
the person that cast that vote.
(6) Approval by ballot pursuant to this subsection is valid only if the number of votes
cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing
the action.
(e) If the declaration requires that votes on specified matters affecting the common interest
community be cast by lessees rather than unit owners of leased units:
(1) this section applies to lessees as if they were unit owners;
(2) unit owners that have leased their units to other persons may not cast votes on those
specified matters; and
(3) lessees are entitled to notice of meetings, access to records, and other rights respecting
those matters as if they were unit owners.
(f) Unit owners must also be given notice of all meetings at which lessees are entitled
to vote.
(g) Votes allocated to a unit owned by the association shall be cast in any vote of the
unit owners in the same proportion as the votes cast on the matter by unit owners
other than the association. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 31, eff. Jan. 1, 2012.)