§ 34-41-3.16 - Referendum of owners.
SECTION 34-41-3.16
§ 34-41-3.16 Referendum of owners. –(a) No amendment to the project instrument may be adopted except pursuant tothis section or § 34-41-3.15. The project instrument may specify othermatters to be determined by referendum of the owners and may permit themanaging entity to select matters to be determined in that manner.
(b) Whenever an amendment to a project instrument proposed bythe managing entity, or other matter, is to be determined by referendum, themanaging entity shall prepare and, not less than thirty (30) days or more thanone hundred eighty (180) days before the votes are to be counted, shall mail toeach owner a ballot stating each matter to be determined and affording theopportunity to vote "yes" or "no" on each matter. The ballot may be accompaniedby a letter from the managing entity recommending a particular decision.
(c) On the date specified pursuant to §34-41-3.14(c)(2), the managing entity shall examine the ballots and calculatethe vote accordingly. A simple majority of the votes counted determines eachmatter in question unless the project instrument specifies a larger majority,but no matter may be determined by referendum unless the ballots favoring themajority decision represent at least ten percent (10%) of the votes allocatedto all owners.