Voting page

Overview:

In the instances where we need a vote after we seem to have reached an impasse, any owner may call for a vote.  A passing proposal will be need to pass two tests:

1.  Approval of 60% percent of the ownership base, AND

2.  At least half of the individual owners

As of this writing, there are 9 individual owners or owning entities (i.e., the Westmont Family Trust in the case of Clark & Cheryl counts as one owner). A passing vote would therefore require 60% of the ownership interest AND five of nine owners.

Details:

In the case where one voter abstains, is incapacitated or otherwise chooses not to vote, the voting thresholds are prorated to adjust for that abstention.  For example, if a 10% owner abstains, then the required approval threshold is 54% (i.e., 60% of the 90% ownership share still remaining) and 4 of 8 owners.

A passing vote would therefore require 60% of the ownership interest AND, in the current ownership distribution, five of nine members. Please note that Test 2 is specifically defined as "at least half" of the members, NOT a majority. In the case of a tie for Test 2, Test 1 defines the outcome of the vote. 

Process 

The specific proposal shall be distributed in writing by the managing member (currently Jeff Westmont) via email to the acknowledged email address of record for each ownership group member. Each member is responsible for insuring that the managing member has a valid email address. 

Each member will have two weeks from the time of the email distribution to respond in writing via email to the managing member. Each member can revise their vote at any time up until the two week deadline. 

In the case where one member abstains, is incapacitated, fails to respond to the managing member's email within a two week period or otherwise chooses not to vote, the voting thresholds are prorated to account for that member. For example, if a 10% owner abstains, then the required approval threshold is 54% (i.e., 60% of the 90% ownership share still remaining) and 4 of 8 owners (under the current ownership distribution.) 

Proxy voting is not allowed. Each member must vote their own interest if they want their vote counted. 

Definition of members and ownership interests. Currently, there are 9 members, also known as individual owners or owning entities (i.e., the Westmont Family Trust U/A/D 02/21/98 in the case of Clark & Cheryl counts as one owner). Owning entities are defined as a matter of record by San Juan County 

NOTE: This page has been tested to work only in Firefox or Chrome.

Download the spreadsheet from the <File Cabinet> tab if you want to use it.