33-2205. Quorums; votes

A. Unless the timeshare instrument provides for a higher quorum requirement, the percentage of voting interests required to make decisions and to constitute a quorum at a meeting of the members of an association shall be ten per cent of the voting interests of owners who are not delinquent in assessments for common expenses, in person or by proxy. If a quorum is not present at any meeting of the association at which members of the board are to be elected, the meeting may be adjourned and reconvened within ninety days for the sole purpose of electing members of the board, and the quorum for such adjourned meeting shall be ten per cent of the voting interests of owners who are not delinquent in assessments for common expenses, in person or by proxy.

B. Unless the timeshare instrument provides otherwise, a quorum shall be deemed to be present throughout a meeting of the board if persons entitled to cast a majority of the votes on that board are present at the beginning of the meeting.

C. If only one of the multiple owners of a timeshare interest is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that timeshare interest. If more than one of the multiple owners are present, the votes allocated to that timeshare interest may be cast only in accordance with the agreement of a majority in interest of the multiple owners unless the timeshare interest expressly provides otherwise. There is a majority agreement if any one of the multiple owners casts the votes allocated to that timeshare interest without protest being made promptly to the person presiding over the meeting by any of the other owners of the timeshare interest.

D. Votes allocated to a timeshare interest may be cast pursuant to a proxy duly executed by an owner. A proxy shall expressly state its dates of execution and termination. An 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 revoked on presentation of a later dated proxy executed by the same owner. A proxy terminates twenty-five months after its date of execution, unless it specifies a shorter term or unless it states that it is coupled with an interest and is irrevocable.

E. Unless the timeshare instrument for a timeshare plan provides otherwise, votes allocated to a timeshare interest in that timeshare plan owned by the association for that timeshare plan shall not be cast.

F. The timeshare instrument for a timeshare plan may authorize votes of members of an association to be conducted by mail on compliance with all of the following:

1. Mail ballots are mailed or sent to all members in the manner prescribed for notices of special meetings pursuant to section 33-2208.

2. The period for return of mail ballots is at least thirty days after the date the ballots are mailed or sent to members.

3. The required minimum number of ballots that must be returned by members for the vote to be effective is at least equal to the quorum percentage prescribed in subsection A of this section.

G. Except as otherwise provided in the timeshare instrument, owners who are delinquent in assessments for common expenses do not have the right to cast votes.

H. Only timeshare interests included in the timeshare plan have voting rights.