Skip to main content

Voting with co-ownership of a unit

§ 14 sec. 4 of Act No. 182/1993 Coll.:

"Co-owners of a flat or a non-residential premises in the building have one vote together."

When a unit is owned by several people (spouses, siblings, parents with children…), the law is clear: one unit — one vote. The question is: how is this single vote formed when the co-owners do not vote uniformly?

OpenResi solves this problem automatically, following the rules defined by law and by specification BYT-20260511-001 Multi-owner vote resolution.

How it works step by step

1. Each co-owner votes independently

In the app each co-owner opens the vote detail and sees their own FOR / AGAINST / ABSTAIN buttons. They vote independently and may vote differently.

2. OpenResi gathers votes in a unit "mini-vote"

After the overall vote is closed (or continuously in previews), the system:

  1. Groups all votes belonging to a single unit
  2. For each choice (FOR, AGAINST, ABSTAIN) sums the shares of the co-owners who chose it
  3. Declares the choice with the largest sum of shares as the unit's result

3. The unit's result is then used in the overall vote

For the HOA as a whole only one vote per unit applies, with a weight equal to the ownership share (e.g. 1/96 of the building).

Tie rule: "TIE → ABSTAIN"

If the two strongest results within a unit are exactly equal, the unit abstains. For example:

Unit 12 is owned by spouses 50/50. The husband voted FOR, the wife AGAINST. Sums: FOR = 1/2, AGAINST = 1/2 — tie. Unit result: ABSTAIN

This rule matches the interpretation of the law — when opinions are evenly represented, the unit's vote cannot be assigned unambiguously.

"Only cast votes count" rule

If some co-owners do not vote at all, their share is not added to either side. The unit's vote is formed only from what was actually cast.

Unit 27 is owned by 5 people with shares 1/2, 1/6, 1/12, 1/6, 1/12. Only three voted: (1/2 FOR), (1/6 FOR), (1/6 FOR). The last (1/12) did not vote, the third (1/12) did not vote. Sums: FOR = 5/6, AGAINST = 0, ABSTAIN = 0. Unit result: FOR (clear majority of cast shares)

"Total silence = the unit does not vote" rule

If no co-owner of the unit voted, the unit is not counted in the tally — as if it were not present at all (relevant for the "simple_present" quorum type).

Five types of unit result

In the voting minutes (PDF), co-owned units also include the reason (rationale) for the result:

CodeSlovak labelMeaning
single_owner"Single owner"The unit has only one owner — no resolution is necessary
unanimous"Unanimous"All co-owners chose the same
majority_share"Majority of shares"One choice received the largest sum of shares
tie_abstain"Tie — abstain"Two choices have the same share — the unit abstains
no_quorum_within_unit"Did not vote"No co-owner voted — the unit is not counted

Example from the voting minutes

Unit 82 (entrance 11) unit weight: 1/96
Peter Mudrák share 1/2 FOR
Katarína Brošková share 1/6 FOR
Ema Mudráková share 1/12 AGAINST
Veronika Krišková share 1/6 FOR
Martina Mudráková share 1/12 AGAINST
───────────────────────────────────────────────
Unit result: FOR
Reason: majority of shares (5/6 FOR, 1/6 AGAINST)
§ 14 sec. 4 of Act 182/1993 Coll.

Exact counts without rounding

When comparing shares, OpenResi uses exact fractional arithmetic (numerator + denominator, both as integers). That means:

  • No "0.3333"-style rounding
  • A tie is detected exactly (1/2 = 1/2, not "approximately equal")
  • The summing of shares is mathematically precise

Thanks to this, errors in close results cannot occur — the kind that can happen with decimal calculations.

For an owner in practice

As a co-owner you do not need to coordinate your vote with the others. Vote according to your own conviction — OpenResi will handle the correct unit result.

If, however, you are curious how the other co-owners of your unit voted, you can see it in the vote detail after it is closed (see Voting as an owner).

For the chairman in practice

When creating a vote you do not need to do anything extra. The system automatically:

  1. For each unit with multiple owners, gathers their votes
  2. Evaluates the unit's result according to the rules described above
  3. Uses it in the overall tally and in the voting minutes

In the voting minutes the breakdown is transparent — every owner can see how their vote was counted.

Disputes within a unit

OpenResi declares the unit's result, but does not act as an arbiter in family disputes. If co-owners disagree with how their unit was evaluated (e.g. the wife claims the husband voted without her consent), they must resolve it among themselves — OpenResi keeps only the actual choices and shares in the voting minutes.