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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Our ACC committee has two members on it that live in the

Customer Question

Our ACC committee has two members on it that live in the same home and both vote on the committee. We have two classes of voters under Association A & B. B has expired and under A it states that only one vote can come from a dwelling. I am being told that this doesn't apply to committees. All committee members are in our Association so why not?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

It is possible to have this disparity between 1 vote per property and multiple members of a household on a board or committee.

The rule that you want to look at is the election rules for your association. This will tell you what the requirements are for being elected as a member of the board, or the committee (or appointed as a committee member if this is by appointment in your association).

Believe it or not, it is even possible in some associations for committee members to be non-owners, so the way in which your Association's by-laws and other governing documents are written is critical. Each association has their own rules, and you need to review yours carefully.

If you have reviewed yours and are unhappy with the result - you can try to change the way they are written by raising awareness with other owners and using the rule making procedure to change the way in which your by-laws or other governing documents are drafted. It is not unreasonable for new documents to be drafted in such a way that the 1 vote per property is translated into restrictions for eligibility on committees or the board, but this is not automatic.