Under the Nonprofit Act, a voting group is a class of members that are entitled to vote on a matter. A class is a group of members that all have the same voting rights.
When all of the members are entitled to vote on a matter, they are for that purpose a single voting group. In HOAs, all of the members are typically entitled to vote on matters that are put before members for a vote because HOA governing documents do not typically divide members into different voting groups that are entitled to vote separately on specific matters. Thus, there is generally only a single member voting group in HOAs and the concept of voting groups is not generally applicable to HOAs. One exception is large master-planned communities where, for instance, members of each sub-association may be entitled to elect a delegate or a board member. The members of each such sub-association are a separate class and voting group for purposes of electing that delegate or board member.
Class vs. Voting Group. HOA bylaws often create two separate classes when the developer is still involved. For example, an association's bylaws might allocate
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Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)