Recently, a WPA member contacted The Wedgefield Examiner, and asked if it was legal to have a husband, and wife serve on the Election Committee, when they only owned one lot. I know that it has been done before, but is it legal? Why not just contact the board? Time is of the essence, as the annual meeting is next month, and if you are a concerned member, and ask questions, and have fallen on the board's black ball list, you risk ridicule, could have to wait months for an answer, and then it might not coincide with those "outdated" governing documents. Let's use those corner stones of our governance, and try and answer the question. I don't believe it is legal to have a husband and wife who own one lot serve on the committee.
BYLAWS:
Section 2: Membership: Every person or entity who is an owner of any lot or
condominium apartment, which is subjected by these By-Laws to assessment, shall be a
member of The Association. Membership shall commence at the time oflegal acquisition
of the property. Membership shall be appurtenant to and may not be separated from
ownership of any lot or condominium apartment, which is subject to assessment.
condominium apartment.
POLICY MANUAL :
Section 3: Voting Rights: In the event a lot or condominium
apartment is owned by two or more persons or entities, then the vote attributable to such
lot or condominium apartment shall be exercised as the owners mutually determine, but in
no event shall more than one vote be cast with respect to any such lot or condominium
apartment. The vote cast shal I represent the vote of all the owners of that lot or
POLICY MANUAL :
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ELECTION COMMITTEE
The Election Committee is composed of a chairperson (the WPA Secretary) and eight or more WPA members with the following stipulations:
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. The Committee should be representative of the entire WPA.
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. Each Committee member must be a WPA member in good standing.
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. Each Committee member must be appointed by the Committee Chairperson and
approved by the Board at the August board meeting.
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. No member of the Election Committee, nor any member of their family, may appear on
the ballot.
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. In the event, the Secretary is running for the Board, the other Board members
must appoint an alternate Chairperson.
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. Each member of the Election Committee should sign a Confidentiality Agreement and
should agree to keep all information pertaining to the election confidential.
The Election Committee is responsible for two functions associated with the Annual Election:
- The bylaws tell us that for all technical purposes, there is only one member per property. There is only one vote per property. If for instance, there was a petition to remove a board member, even if a husband, and wife, each signed it, only one signature could be counted to meet the standard. A husband and wife, who own one property, couldn't have both running for board, only one could. It would appear that in the case of the Election Committee, which has great responsibility, that a membership, could only be called into use by one of the parties. That's my not so humble opinion based on the governing documents.
- Isn't it awful that residents no longer feel that they can write the board, and get a legal response?
