Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
That depends upon the bylaws of your HOA. If each lot gets to vote once for (for example) five directors, you cannot cast 5 votes for one director unless your bylaws allows it.
The Bylaws say "the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorparation and Restrictions. The persons receiving the largest number of votes shall be elected. The Restrictions say " members...shall be entitled to one vote for each lot owned."
That makes it sound as though the votes may be cumulated
However, it depends - if you are entitled to cast votes for a certain number of directors then that would be the number of votes a homeowner could cast for one director.
We have five Director vacancies. Thanks for your answer. I have a different question on the same subject.
In a Homeowner's Association election of Directors in Texas, can an Special Election Judge restrict voters from cumulating their vote on a single Director?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).