Sec. 34.08.410. Voting and proxies.

345 words·~2 min read·/ak/title-34/chapter-8/34-08-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If only one of several owners of a unit is present at a meeting of the association, the owner present is entitled to cast all the votes allocated to the unit. If more than one of the owners are present, the votes allocated to the unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners casts the votes allocated to the unit without protest being made promptly to the person presiding over the meeting by another owner of the unit.

(b)Votes allocated to a unit may be cast under 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 revoke a proxy given under this section only 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.

(c)If the declaration requires that votes on specified matters affecting the common interest community be cast by lessees rather than unit owners of leased units

(1)the provisions of

(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 may not cast votes on the specified matters; and

(3)lessees are entitled to notice of meetings, access to records, and other rights respecting the matters as if they were unit owners. Unit owners must also be given notice under AS 34.08.390 , of all meetings at which lessees are entitled to vote.

(d)Votes allocated to a unit owned by the association may not be cast.