- Sep 18, 2012
- Reaction score
This is easily the most interesting aspect of this vote. I have never heard of a timeshare structured in this way, so I doubt this is part of the KBV governing documents. Is this just a case of the HOA asserting "if the owners do not like it, they can just sue us" and the HOA can simply invent such a vote?Furthermore, the way the vote is structured is also interesting. If the votes for any individual apartment do not constitute a majority of all owned weeks for either "yes" or "no", then the IOA casts the vote for that apartment. Just given the nature of these elections, and the fact that many owners don't bother responding, it will not surprise me if a fair number of IOA apartments do not have a declared majority out of returned owner votes. This potentially gives the IOA substantial power. Guess who makes up the majority of the IOA Board?
This would be precedent setting throughout the timeshare industry for aging timeshares that are buried in bad debt with no alternative.
If the whole unit owners want a legal challenge, then challenging this voting structure would seem to be a fairly strong case, if the governing documents do not specifically allow this. What then, if it drags on for years? Blame the whole unit owners or blame the HOA for acting outside its authority?