What Are My Voting Rights in a HOA in Missouri if the Unit Has Multiple Owners?
Full Question:
Our homeowners association sends all mailings and voter ballots directed to only one person at the property even though there may be more than one homeowner on the account. This is almost always the male resident/owner. That means that even though the female homeowner may serve on a committee, pay most of the homeowner bills, and actually be the one voting on issues, it will all be done under her husbands name. She is legally on the deed but the HOA won't recognize her by name. The board is primarily male and doesn't see any legal reason to change this practice. As a joint female owner, I would like to have the mail and voter ballots directed at least in part to me. Do I have a legal leg to stand on? We live in Missouri, which is not a community property state.
06/23/2009 |
Category: Real Property ยป Homeowner's ... |
State: Missouri |
#17138
Answer:
Gender discrimination claims generally don't apply to private entities such as homeowner associations, absent a connection with a public entity. Some entities such as private clubs, are allowed to restrict membership to males only.
Missouri statutes don't require the notice of a meeting to be sent to each unit owner, but do allow all unit owners to be present at meeting and to vote in person or by proxy. It may be possible to amend the bylaws of the association in order to provide for all unit owners to be named in notices. Please see the statute below for applicability:
448.3-110. Voting — proxies. —
1. If only one of the multiple owners of a unit is present at a meeting
of the association, he is entitled to cast all the votes allocated to
that unit. If more than one of the multiple owners are present, the votes
allocated to that unit may be cast only in accordance with the agreement
of a majority in interest of the multiple owners, unless the declaration
expressly provides otherwise. There is majority agreement if any one of
the multiple owners casts the votes allocated to that unit without
protest being made promptly to the person presiding over the meeting by
any of the other owners of the unit.
2. Votes allocated to a unit may be cast pursuant to a proxy duly
executed by a unit owner. If a unit is owned by more than one person,
each owner of the unit may vote or register protest to the casting of
votes by the other owners of the unit through a duly executed proxy. No
unit owner may revoke a proxy given pursuant to this section except by
actual notice of revocation to the person presiding over a meeting of
the association. A proxy is void if it is not dated or purports to be
revocable without notice. A proxy terminates one year after its date,
unless it specifies a shorter term.
3. If the declaration requires that votes on specified matters
affecting the condominium be cast by lessees rather than unit owners of
leased units:
(1) the provisions of subsections 1 and 2 of this section
apply to lessees as if they were unit owners;
(2) unit owners who have
leased their units to other persons may not cast votes on those specified
matters; and
(3) lessees are entitled to notice of meetings, access to
records, and other rights respecting those matters as if they were unit
owners.
Unit owners shall also be given notice in the manner provided in
section 448.3-108 of all meetings at which lessees may be entitled to
vote.
4. No votes allocated to a unit owned by the association may be cast.
Please see the other following MO statutes related to HOAs:
448.170. Bylaws, amendments. —
The administration of every property shall be governed by bylaws,
which may either be embodied in the declaration or in a separate
instrument, a true copy of which shall be appended to and recorded with
the declaration. No modification or amendment of the declaration or
bylaws shall be valid unless the same is set forth in an amendment
thereof and such amendment is duly recorded.
448.180. Bylaws, contents. —
The bylaws shall provide for at least the following:
(1) The election from among the unit owners of a board of managers, the
number of persons constituting such board, and that the terms of at least
one-third of the members of the board shall expire annually; the powers
and duties of the board; the compensation, if any, of the members of the
board; the method of removal from office of members of the board; and
whether or not the board may engage the services of a manager or managing
agent;
(2) Method of calling meetings of the unit owners; what percentage of
the unit owners, if other than a majority, shall constitute a quorum;
(3) Election of a president from among the board of managers, who
shall preside over the meetings of the board of managers and of the
unit owners;
(4) Election of a secretary, who shall keep the minutes of all
meetings of the board of managers and of the unit owners and who shall,
in general, perform all the duties incident to the office of secretary;
(5) Election of a treasurer, who shall keep the financial records and
books of account;
(6) Maintenance, repair and replacement of the common elements and
payments therefor, including the method of approving payment vouchers;
(7) Method of estimating the amount of the annual budget, and the
manner of assessing and collecting from the unit owners their respective
shares of such estimated expenses, and of any other expenses lawfully
agreed upon;
(8) That upon ten days' notice to the manager or board of managers and
payment of a reasonable fee, any unit owner shall be furnished a statement
of his account setting forth the amount of any unpaid assessments or
other charges due and owing from such owner;
(9) Designation and removal of personnel necessary for the
maintenance, repair and replacement of the common elements;
(10) Such restrictions on and requirements respecting the use and
maintenance of the units and the use of the common elements, not set
forth in the declaration, as are designed to prevent unreasonable
interference with the use of their respective units and of the common
elements by the several unit owners;
(11) Method of adopting and of amending administrative rules and
regulations governing the operation and use of the common elements;
(12) The percentage of votes required to modify or amend the bylaws,
but each one of the particulars set forth in this section shall always
be embodied in the bylaws.
448.3-106. Bylaws. —
1. The bylaws of the association shall provide for:
(1) The number of members of the executive board and the titles of
the officers of the association;
(2) Election by the executive board of a president, treasurer,
secretary, and any other officers of the association the bylaws specify;
(3) The qualifications, powers and duties, terms of office, and
manner of electing and removing executive board members and officers
and filling vacancies;
(4) Which, if any, of its powers the executive board or officers may
delegate to other persons or to a managing agent;
(5) Which of its officers may prepare, execute, certify, and record
amendments to the declaration on behalf of the association; and
(6) The method of amending the bylaws subject to the following:
(a) Unless the declarant otherwise agrees in writing to permit an
amendment to the bylaws in accordance with paragraph (b) of this
subdivision, for so long as a declarant is the owner of units
representing an aggregate of ten percent or more of the units in which
votes in the association are allocated, the bylaws may only be amended
with the affirmative vote of at least sixty-seven percent of the unit
owners of units to which votes in the association are allocated; and
(b) After the declarant ceases to own ten percent or more of the
units to which votes in the association are allocated, the bylaws may
only be amended with the affirmative vote of a majority of the unit
owners of units to which the votes in the association are allocated.
2. Subject to the provisions of the declaration, the bylaws may
provide for any other matters the association deems necessary and
appropriate.
448.3-108. Meetings. —
A meeting of the association shall be held at least once each year.
Special meetings of the association may be called by the president or by
twenty percent, or any lower percentage specified in the bylaws, of
either the executive board or the unit owners. Not less than ten nor more
than sixty days in advance of any meeting, the secretary or other officer
specified in the bylaws shall cause notice to be hand-delivered or sent
prepaid by United States mail to the mailing address of each unit or to
any other mailing address designated in writing by the unit owner. The
notice of any meeting shall state the time and place of the meeting and
the items on the agenda, including the general nature of any proposed
amendment to the declaration or bylaws, any budget changes, and any
proposal to remove a director or officer.
