(a) Unit owner
other than natural person.--If the owner of a unit is a corporation, joint
venture, partnership or unincorporated association, the natural person who
shall be entitled to cast the vote for that unit shall be the person named
in a certificate executed by that entity pursuant to its governing documents.
If the owner of a unit is a trust, the trustee or trustees shall be deemed
to be the owner for voting purposes. If the ownership of a unit is in more
than one person, the natural person who shall be entitled to cast the vote
of the unit shall be the person named in a certificate executed by all of
the owners of the unit and filed with the secretary of the association or,
in the absence of that named person from the meeting or in the event of
failure to execute and file such a certificate, the person owning such unit
who is present. If more than one of the multiple owners are present, the
votes allocated to that unit may be cast only in accordance with their unanimous
agreement unless the declaration expressly provides otherwise. There shall
be deemed to be unanimous agreement if any one 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. Such a certificate shall be valid until revoked by a subsequent certificate
similarly executed. Except where execution by owners of a unit in the same
manner as a deed is required in this subpart and subject to the provisions
of the declaration and bylaws, wherever the approval or disapproval of a
unit owner is required by this subpart, the declaration or the bylaws, the
approval or disapproval shall be made only by the person who would be entitled
to cast the vote of the unit at any meeting of the association.
(b) Proxies.--Votes
allocated to a unit may be cast pursuant to a proxy duly executed by a unit
owner. If a unit is owned by more than one 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 under 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 year after its date unless it specifies a shorter term.
(c) Voting by lessees.--If
the declaration requires that votes on specified matters affecting the planned
community be cast by lessees rather than unit owners of leased units, all
of the following apply:
(1) The provisions
of subsections (a) and (b) apply to lessees as if they were unit owners.
(2) Unit owners
who have leased their units to other persons may not cast votes on those
specified matters.
(3) Lessees are
entitled to notice of meetings, access to records and other rights respecting
those matters as if they were unit owners. Unit owners shall also be given
notice, in the manner provided in section 5308 (relating to meetings), of
all meetings at which lessees may be entitled to vote. (d) Units owned by
association.--No votes allocated to a unit owned by the association may
be cast.