Legal Question in Real Estate Law in California
Hello,
I live in a small 2,000 acre rural community of about 80 property owners who mainly live out of state and own raw land. There are 4 of us who live here full time and are the board of directors. We need to send out an item which needs to be voted on by the property owners and 51% of approval is needed to pass the agenda.
The question is: Does a person who owns 15 separate parcels have 15 votes or only one vote?
Thank you for your time!
1 Answer from Attorneys
The answer to your question can only be determined by reviewing the formation documents for your owners association. Usually it is one vote per lot or parcel, but this is not always the case, so you need to find your owners association's formation documents. These usually consist of "article" filed with the Secretary of State, "bylaws" that are not filed anywhere, but are adopted by the association at its first meeting, and the "declaration of covenants, conditions and restrictions" or words to that effect that are filed the local county recorder's office.
It is the CC&Rs;that impose on the owners automatic membership in the association and spell out their rights and obligations as members. The bylaws spell out governance provisions, such as voting procedures, but the CC&Rs;usually specify how many votes per lot or parcel owned.
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