MHHS · Condominium Property Act
26 Voting Rights Voting rights
(a) "owner vote" means a vote on the basis of one vote per
owner;
(b) "unit factor vote" means a vote on the basis of the unit
factors for an owner's unit or units.
(1.1) Subject to subsections (1.2), (1.3) and (1.4), voting at a
general meeting shall be conducted as
(a) an owner vote or, if provided for in the bylaws, on a basis
other than an owner vote, or
(b) a unit factor vote.
(1.2) In the case of an owner vote, where
(a) a unit is owned by more than one person, each owner is
entitled to one vote, and
(b) a person owns more than one unit, that person is entitled to
one vote and may not assign proxies to multiple persons.
(1.3) In the case of a unit factor vote, where a unit is owned by
more than one person,
(a) each owner represents the po rtion of the unit factors for the
unit equal to the portion of the unit owned by that co-owner,
or
(b) if a co-owner does not atte nd a general meeting at which the
unit factor vote is conducted, that co-owner's unit factors
shall not be counted unless the co-owner assigns the
co-owner's right to vote by proxy to another person
attending the general meeting.
(1.4) If, at any time before the results of a vote conducted under
subsection (1.1)(a) are announced, a person entitled to vote
demands a unit factor vote, the vote conducted under subsection
(1.1)(a) shall be nullified and a unit factor vote shall be conducted
under subsection (1.1)(b).
(1.5) A corporation shall not exercise the power of voting for any
unit owned by the corporation except in the case of a special
resolution, in which case the corporation's vote shall be cast in
accordance with the majority of the other votes cast.
RSA 2000
(2) When an owner's interest is subject to a registered mortgage, a
power of voting conferred on the owner by this Act or the bylaws
may be exercised as follows:
(a) first, by the mortgagee, if any, who is first entitled in
priority if that mortgagee has notified the corporation of the
mortgage in writing and is present at the meeting at which
the vote is being conducted;
(b) second, by the owner;
(c) third and subsequently, in order of their priority among
themselves, by any other mortgagees who are subsequent in
priority to the mortgagee referred to in clause (a) if the
subsequent mortgagee wishing to exercise the power of
voting has notified the corporation of the mortgage in
writing and is present at the meeting at which the vote is
conducted.
(3) Subsection (2) does not apply unless the mortgagee has given
written notice of the mortgagee's mortgage to the corporation at the
corporation's address for service.
(4) An owner or mortgagee, as the case may be, may exercise the
owner's or mortgagee's right to vote personally or by proxy.
(5) Notwithstanding anything in this section, neither an owner nor
a mortgagee is entitled to exercise the power of voting conferred on
the owner by this Act or the regulations where
(a) any contribution payable in respect of the owner's unit, or
(b) any other obligation owing to the corporation in respect of
the owner's unit or the common property,
is in arrears for more than 30 days prior to the day that the power of
voting may be exercised.
(6) Notwithstanding that anything under this Act or the bylaws
may require a meeting of the corporation to be convened for the
purpose of allowing the owners or other persons permitted under
this Act or the bylaws to exercise the power of voting, instead of a
meeting being convened for the purpose of exercising the powers
of voting,
(a) in the case of an ordinary resolution, the ordinary resolution
may be passed by being signed as described in section
1(1)(r), and
RSA 2000
(b) in the case of a special re solution, the special resolution may
be passed by being agreed to in writing as described in
section 1(1)(x).
RSA 2000 cC-22 s26;2024 c20 s1(14)