Who is “qualified to vote?"

The Michigan Condominium Act and some condominium documents require that a certain percentage of co-owners necessary to pass a measure (such as amending the condominium documents) be of those qualified to vote.  This begs the question, who is qualified?

The Michigan Condominium Act itself contains on express qualifications for voting, so an association must look to its condominium documents to determine if there is a provision disqualifying a co-owner from voting.  Common provisions include:

  • A requirement that a co-owner provide “evidence of ownership” (e.g., a copy of his deed or land contract).
  • A requirement that a co-owner fill out a designation of voter representative form.
  • A requirement that a co-owner not be in default of payment of assessments.

If a co-owner is not qualified to vote, this reduces the total number of votes needed to pass a measure.  For instance, if the condominium project consists of 100 units, all are qualified to vote, and the measure being considered needs to be approved by a 2/3rds majority, then 67 units must vote in favor of the measure.  100 * 2/3 = 66.67 or 67.  However, if the project consists of 100 units, 10 are not qualified to vote, and the measure needs to be approved by a 2/3rds majority, then only 60 units need to vote in favor of the measure.  (100-10=90) * 2/3 = 60.

© Steve Sowell 2017