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381.9181 Voting -- Proxies.
(1)
(2)
(3)
(4)
If only one (1) of the multiple owners of a unit is present at a meeting of the
association, he or she is entitled to cast all the votes allocated to that unit. If more
than one (1) of the multiple owners of a unit are present, the votes allocated to that
unit may be cast only in accordance with the agreement of a majority in interest of
the multiple owners, unless the declaration expressly provides otherwise. There is
majority agreement if any one (1) of the multiple owners casts the votes allocated to
that unit without protest being made promptly to the person presiding over the
meeting by any of the other owners of the unit.
Votes allocated to a unit may be cast pursuant to proxy duly executed by a unit
owner. If a unit is owned by more than one (1) 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 not revoke a proxy given
pursuant to this section, except 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 (1) year after its
date, unless it specifies a shorter term.
If the declaration requires that votes on specified matters affecting the condominium
be cast by lessees rather than unit owners of leased units:
(a) Subsections (1) and (2) of this section apply to lessees as if they were unit
owners;
(b) Unit owners who have leased their units to other persons shall not cast votes
on those specified matters;
(c) Lessees are entitled to notice of meetings, access to records, and other rights
respecting those matters as if they were unit owners; and
(d) Unit owners shall also be given notice, as provided in KRS 381.9177, of all
meetings at which lessees may be entitled to vote.
No votes allocated to a unit owned by the association may be cast.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 41, effective January 1, 2011.
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