Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1346

Introduced
2/16/23  

Caption

Relative to condominium elections

Impact

One of the essential shifts introduced by HB 1346 is the prohibition of proxy ballots, meaning unit owners must personally attend or use absentee ballots to exercise their voting rights. This could foster increased engagement among unit owners, as they are now required to participate directly in the voting process. Moreover, the bill imposes stringent requirements on who may serve as election inspectors to ensure impartiality and fairness, thus enhancing the integrity of the election process among condominium communities.

Summary

House Bill 1346, titled 'An Act relative to condominium elections', seeks to amend Chapter 183A of the General Laws of Massachusetts by establishing new regulations for elections conducted by organizations of unit owners in condominiums. The bill mandates that elections be decided by a plurality of the votes cast, including absentee ballots, and importantly, removes any quorum requirements for these elections. This change could significantly streamline the election process for condominium boards, as it allows decisions to be made based solely on the votes that are actually cast on the day of the election or annual meeting.

Conclusion

Overall, House Bill 1346 represents a considerable shift in how condominium elections are conducted within Massachusetts. By simplifying the electoral process and reinforcing the role of active voting, the bill aims to empower unit owners and foster a more democratic environment within condominium governance. Potential pushback regarding the removal of proxy voting, however, indicates that the bill may need further discussion to address the concerns of all stakeholders involved.

Contention

However, the bill is not without points of contention. Critics may argue that the removal of proxy voting is disadvantageous, particularly for unit owners who may be unable to attend meetings due to various reasons, such as health issues or scheduling conflicts. This could disproportionately affect participation rates among those unit owners who are less mobile or cannot attend meetings in person. Additionally, the focus on absentee ballots may raise concerns regarding the accessibility and security of the voting process.

Companion Bills

MA H1338

Similar To Relative to electronic meetings and voting in condominiums

MA H1334

Similar To Establishing an office of the condominium ombudsman

MA H5035

Replaced by Study Order

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