33-1250

33-1250. Voting; proxies; absentee ballots;
applicability; definition

A. If only one of the multiple owners of a unit is present at a meeting of the
association, the owner 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.

B. During the period of declarant control, 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. A unit owner may not 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. The proxy is revoked on presentation of a later
dated proxy executed by the same unit owner. A proxy terminates one year after its date,
unless it specifies a shorter term or unless it states that it is coupled with an
interest and is irrevocable.

C. Notwithstanding any provision in the condominium documents, after termination of
the period of declarant control, votes allocated to a unit may not be cast pursuant to a
proxy. The association shall provide for votes to be cast in person and by absentee
ballot and may provide for voting by some other form of delivery. Notwithstanding section
10-3708 or the provisions of the condominium documents, any action taken at an annual,
regular or special meeting of the members shall comply with all of the following if
absentee ballots are used:

1. The absentee ballot shall set forth each proposed action.

2. The absentee ballot shall provide an opportunity to vote for or against each
proposed action.

3. The absentee ballot is valid for only one specified election or meeting of the
members and expires automatically after the completion of the election or meeting.

4. The absentee ballot specifies the time and date by which the ballot must be
delivered to the board of directors in order to be counted, which shall be at least seven
days after the date that the board delivers the unvoted absentee ballot to the member.

5. The absentee ballot does not authorize another person to cast votes on behalf of
the member.

D. Votes cast by absentee ballot or other form of delivery are valid for the
purpose of establishing a quorum.

E. Notwithstanding subsection C of this section, an association for a timeshare
plan as defined in section 32-2197 may permit votes by a proxy that is duly executed by a
unit owner.

F. If the declaration requires that votes on specified matters affecting the
condominium be cast by lessees rather than unit owners of leased units all of the
following apply:

1. The provisions of subsections A and B of this section apply to lessees as if
they were unit owners.

2. Unit owners who have leased their units to other persons shall not cast votes on
those specified matters.

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 prescribed in section 33-1248, of all meetings at which lessees may
be entitled to vote.

G. Unless the declaration provides otherwise, votes allocated to a unit owned by
the association shall not be cast.

H. This section does not apply to timeshare plans or associations that are subject
to chapter 20 of this title.

I. For the purposes of this section, "period of declarant control" means the time
during which the declarant or persons designated by the declarant may elect or appoint
the members of the board of directors pursuant to the condominium documents or by virtue
of superior voting power.