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September 24, 2008 1:23 PM

Just what do condo owners get to vote on?

Posted by Elizabeth Rhodes

Q: What questions can a condo unit owner vote on other than electing officials? Can we require the right to have a vote or say on issues?

A: Each condo's governing documents will answer this question. But in general, attorney John P. Evans, of Williams Kastner in Seattle, says unit owners commonly have input over big things, but not a lot over smaller things.

Owners vote to elect their board of directors. They can vote to amend their declaration, sell a common element (owned by all the tenants, like a parking lot), convert a common element to a common limited element or vice versa. They can also vote to change the use of units -- from strictly residential to commercial, for example.

The board, on the other hand, prepares the annual budget, which mandates what owners pay in dues. Owners then vote on the budget. It's approved unless over half the owners reject it. "That almost never happens," Evans says.

Enacting rules, which cover everything from quiet hours to pet policy to remodeling requirements, typically is the board's job.

Only by amending their condo's declaration could owners gain the right to make rules. Then they'd have "a town hall democracy where all the unit owners could vote on all the issues," Evans says.

While that might sound good in theory, he says in practice it could cause some serious gridlock.

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