Section 5.20 of the DMMA CC&R’s relevant to Major Decisions indicates a clear voting process if 10% or more of the members object. That process indicates 2/3 of the eligible votes in the Masters Association are then required to approve a Major Decision.
There is no mention of a quorum requirement.
Section 1.33 of the DMMA CC&R’s indicates “any specified fraction or percentage of Members means that fraction or percentage of total votes entitled to be cast by Members with respect to a given matter.”
2,397 Eligible Votes
1,323 Affirmative Votes Received (55%)
1,599 Affirmative Votes Required in order to pass a Use Restriction
The DMMA was short 276 Votes given their process as outlined in the CC&R’s.
The primary position of the argument is unanimous consent is required under Arizona statute to pass a Major Decision of this kind. The secondary position; the DMMA failed to follow its own CC&R’s in respect to the voting process and methodology they elected to undertake regarding the Short-Term Rental Restriction Vote. Simply stated, they failed to receive the required number of affirmative votes, 2/3 of all members, to pass the rental ban.
Desert Mountain Homeowners Coalition 