§ 34-41-3.14 - Initiative, referendum, and recall – General provisions.
SECTION 34-41-3.14
§ 34-41-3.14 Initiative, referendum, andrecall – General provisions. – (a) For the purpose of this section and §§ 34-41-3.15, 34-41-3.16,and 34-41-3.17:
(1) "Owner" means a person who is an owner or co-owner of atime-share estate or, in the case of a unit that is not a time-share unit, aperson who is an owner or co-owner of the unit, other than as security for anobligation.
(2) A project is limited to one in which at least fiftypercent (50%) of the votes are allocated to time shares other than time-sharelicenses.
(b) The managing entity shall keep reasonably available forinspection and copying by any owner all addresses, known to it or to thedeveloper, of all the owners, with the principal permanent residence address ofeach indicated if known. The managing entity shall revise continually the listof addresses in the light of any information it obtains, and the developershall keep the managing entity advised of any information he or she has orobtains.
(c) Each ballot prepared pursuant to §§ 34-41-3.15,34-41-3.16, and 34-41-3.17 must contain:
(1) A statement that the ballot will not be counted unlesssigned by an owner;
(2) The specification of a date, not less than thirty (30) ormore than one hundred eighty (180) days after the date the ballot is mailed, bywhich the ballot must be received by the person to whom it is to be returned,and a statement that the ballot will not be counted unless received by thatdate;
(3) The name and address of the person to whom the ballot isto be returned; and
(4) No material other than what is required by this Article.
(d) Each ballot mailed pursuant to §§ 34-41-3.15,34-41-3.16, and 34-41-3.17 must be mailed to the principal permanent residenceof the owner to whom it is addressed, if known to the person responsible formailing it, and that person shall procure and keep reasonably available forinspection for at least one year after the vote is calculated a certificate ofmailing for each and the original or a photocopy of each ballot returned by thedate specified pursuant to subsection (c)(2).
(e) If the managing entity, the developer, or anyone onbehalf of either of them communicates with any owner, other than as expresslyauthorized by §§ 34-41-3.15, 34-41-3.16, and 34-41-3.17 on thesubject matter of any petition or ballot prepared pursuant to any of thosesections, the expense of that communication may not be assessed directly orindirectly in whole or in part to any owner other than developer.
(f) The vote allocated to any time share and to any unitother than a time-share unit must be counted as having been cast in accordancewith the ballot of any owner of that time share. If the ballots of differentowners of the same time share, or of the same unit other than a time-shareunit, are not in accord with one another, the vote allocated to that time shareor unit must be divided in proportion to the number of owners thereof votingeach way and must be counted accordingly. Any ballot that is not signed by anowner or is not received by the date specified pursuant to subsection (c)(2) isvoid.
(g) The managing entity shall take action reasonablycalculated to notify all owners of the resolution of any matters resolved bymethods authorized by §§ 34-41-3.15, 34-41-3.16 and 34-41-3.17.
(h) An amendment to a project instrument adopted pursuant to§§ 34-41-3.15 and 34-41-3.16 must be recorded by the managing entitywith a statement of the vote and becomes effective upon recordation.
(i) No right or power of an owner under this section or§§ 34-41-3.15, 34-41-3.16, or 34-41-3.17 may be waived, limited, ordelegated by contract, power of attorney, proxy, or otherwise, in favor of thedeveloper, an affiliate of a developer, a managing entity, or any persondesignated by any of them.