WHO CAN VOTE?
Published November 13, 2019
Preparing for an election is a serious business
if you want to do it right. Depending on the size of your
association, the composition of your owners, things can get
complicated when it comes to who has the right to vote per unit.
These rights are designated by a voting certificate, which is
provided to the association by the owners.
A “Voting certificate” means a document that
designates one of the record title owners, or the corporate,
partnership, or entity representative, who is authorized to vote on
behalf of a condominium unit that is owned by more than one owner or
by any entity. A voting certificate is not needed if only one person
owns the unit. If a Unit is owned by a husband and wife, they shall
decide among themselves as to who shall cast the vote of the unit.
Only an owner or the appropriate corporate officer can be named on a
voting certificate, not a third party. A voting certificate must be
signed by all the owners of the unit or the appropriate corporate
officer. Whomever, the person who is designated on the voting
certificate will receive the right to vote during the elections. A
voting certificate is not a proxy and cannot be used as such.
How or when do you get a voting certificate?
Depending on the attorney you have, some will require the voting
certificate to be sent with the First Notice and others will
recommend to send it with the Second Notice once you know an
election will occur. My opinion would be to send it with the First
Notice and if an election will occur, send it with the Second Notice
as well so you can capture as many certificates as you can.
I’ve seen many votes get tossed (not counted)
during an election because the owner (corporation / multiple owners)
did not send in a voting certificate. Since they missed this simple
step, the members that worked so hard to get the current board off
end up losing the election because of it. Don’t let this simple step
trip up your elections.
I’m curious to hear from our readers… how do you
proactively prepare for your elections?