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Samuel-II, Lawyer
Category: Real Estate Law
Satisfied Customers: 27011
Experience:  real estate law
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In the hoa bylaws where there is no declarent what is the

Customer Question

in the hoa bylaws where there is no declarent what is the official definition of a "member"
Further, our hoa board serves a residential subdivision of 57 lots most of which are sold.
The homes are not attached to other homes or dwellings. So my question is how should the bylaws define the members. Should a member be just the lot number or is any occupant a member who resides in the home.
Should the bylaws show 57 members or should it also account for those who have a husband or wife living in the home or up to 114 members total. I would like to just claim the lot as a member or one vote per lot. what do you think
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Samuel-II replied 1 year ago.


This is Samuel. Generally, a “Voting interest” means the voting rights distributed to the members of the homeownersassociation, pursuant to the governing documents. And most HOA will grant that voting interest to those persons who are on the Deed of the property. I suggest that because each person on the Deed are individual property owners, it is most prudent to design your Bylaws to allow each person on the Deed a vote. So if it is a husband and wife on the Deed they are indeed the homeowners and should have a separate and individual vote.

Expert:  Samuel-II replied 1 year ago.

Here is the LINK to the UTAH CODE Title 57 Chapter 8A which governs community associations such as a HOA. And so you can review it and it does not appear to cover the definition of Voting Interest but does allow the HOA the latitude and discretion on how to address that issue.