§ 34-41-3.14. Initiative, referendum, and recall — General provisions.
(a) For the purpose of this section and §§ 34-41-3.15, 34-41-3.16, and 34-41-3.17:
(1) “Owner” means a person who is an owner or co-owner of a time-share estate or, in the case of a unit that is not a time-share unit, a person who is an owner or co-owner of the unit, other than as security for an obligation.
(2) A project is limited to one in which at least fifty percent (50%) of the votes are allocated to time shares other than time-share licenses.
(b) The managing entity shall keep reasonably available for inspection and copying by any owner all addresses, known to it or to the developer, of all the owners, with the principal permanent residence address of each indicated if known. The managing entity shall revise continually the list of addresses in the light of any information it obtains, and the developer shall keep the managing entity advised of any information he or she has or obtains.
(c) Each ballot prepared pursuant to §§ 34-41-3.15, 34-41-3.16, and 34-41-3.17 must contain:
(1) A statement that the ballot will not be counted unless signed by an owner;
(2) The specification of a date, not less than thirty (30) or more than one hundred eighty (180) days after the date the ballot is mailed, by which the ballot must be received by the person to whom it is to be returned, and a statement that the ballot will not be counted unless received by that date;
(3) The name and address of the person to whom the ballot is to be returned; and
(4) No material other than what is required by this Article.
(d) Each ballot mailed pursuant to §§ 34-41-3.15, 34-41-3.16, and 34-41-3.17 must be mailed to the principal permanent residence of the owner to whom it is addressed, if known to the person responsible for mailing it, and that person shall procure and keep reasonably available for inspection for at least one year after the vote is calculated a certificate of mailing for each and the original or a photocopy of each ballot returned by the date specified pursuant to subsection (c)(2).
(e) If the managing entity, the developer, or anyone on behalf of either of them communicates with any owner, other than as expressly authorized by §§ 34-41-3.15, 34-41-3.16, and 34-41-3.17 on the subject matter of any petition or ballot prepared pursuant to any of those sections, the expense of that communication may not be assessed directly or indirectly in whole or in part to any owner other than developer.
(f) The vote allocated to any time share and to any unit other than a time-share unit must be counted as having been cast in accordance with the ballot of any owner of that time share. If the ballots of different owners of the same time share, or of the same unit other than a time-share unit, are not in accord with one another, the vote allocated to that time share or unit must be divided in proportion to the number of owners thereof voting each way and must be counted accordingly. Any ballot that is not signed by an owner or is not received by the date specified pursuant to subsection (c)(2) is void.
(g) The managing entity shall take action reasonably calculated to notify all owners of the resolution of any matters resolved by methods authorized by §§ 34-41-3.15, 34-41-3.16 and 34-41-3.17.
(h) An amendment to a project instrument adopted pursuant to §§ 34-41-3.15 and 34-41-3.16 must be recorded by the managing entity with a statement of the vote and becomes effective upon recordation.
(i) No right or power of an owner under this section or §§ 34-41-3.15, 34-41-3.16, or 34-41-3.17 may be waived, limited, or delegated by contract, power of attorney, proxy, or otherwise, in favor of the developer, an affiliate of a developer, a managing entity, or any person designated by any of them.
History of Section.
P.L. 1984, ch. 141, § 2.