Title 44, Chapter 3, Section 79
( 44-3-79)
(a) The declaration shall allocate a number of votes in the association to each unit depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83. The allocation of such votes may be by percentage, fraction, formula, or any other method which indicates the relative voting power allocated to each unit. If an equal vote is allocated to each unit, the declaration may merely so state. All of the votes in the association shall be allocated among the units depicted on such plats or plans and shall be subject to reallocation as provided in this article. (b) Since a unit owner may be more than one person, if only one of
those persons is present at a meeting of the association, that
person shall be entitled to cast the votes pertaining to that unit.
However, if more than one of those persons is present, the vote
pertaining to that unit shall be cast only in accordance with their
unanimous agreement unless the condominium instruments expressly
provide otherwise; and such consent shall be conclusively presumed
if any one of them purports to cast the votes pertaining to that
unit without protest being made immediately by any of the others to
the person presiding over the meeting. (c) The votes pertaining to any unit may, and, in the case of any
unit owner not a natural person or persons, shall, be cast pursuant
to a proxy or proxies duly executed by or on behalf of the unit
owner or, in cases where the unit owner is more than one person, by
or on behalf of the joint owners of the unit. No such proxy shall be
revocable except by written notice delivered to the association by
the unit owner or by any joint owners of a unit. Any proxy shall be
void if it is not dated or if it purports to be revocable without
such notice. (d) Except in the case of any condominium of which no part is
restricted exclusively to residential use, if 50 percent or more of
the votes in the association pertain to 25 percent or less of the
condominium units, then in any case where a majority vote is
required by the condominium instruments or by this article the
requirement for such a majority shall be deemed to include, in
addition to the specified majority of the votes, assent by the unit
owners of a like majority of the condominium units. (e) Anything in this Code section to the contrary notwithstanding, no votes in the association shall be deemed to pertain to any condominium unit during such time as the unit owner thereof is the association nor shall any vote be allocated to any condominium unit unless the condominium unit is depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83. Except to the extent otherwise expressly provided or permitted by this article, the votes allocated to any condominium unit shall not be altered. |