Majority

Definition of Majority

Age of Legal Majority

Definition: The age at which an individual is considered an adult and fully capable of handling their legal and personal affairs. The age of majority varies by jurisdiction, commonly ranging from 18 to 21 years.
- Example: Abel, who is under 18, enters into a contract to buy land. Because he has not reached the age of majority, he has the option to void the contract. Conversely, Baker, the seller, is bound to the contract unless Abel chooses to void it.

Majority in Voting

Definition: More than half of a group’s votes. This term is often used in contexts where the collective decision of members is needed, such as in associations or organizational bylaws.
- Example: The bylaws of a condominium owners’ association require a majority of the owners who vote to agree to change the current property management firm.

Examples

Contracts with Minors: Abel’s parents may not want him to void the contract for purchasing land, and they can seek legal advice to understand the implications as Abel hasn’t reached majority.
Bylaws and Voting: If a condominium association has 100 members, at least 51 votes would be needed to make a decision to change management companies, signifying a majority.

Frequently Asked Questions

What happens if a minor enters into a contract?

If a minor enters into a contract, they generally have the ability to void the contract upon reaching the age of majority or, in some cases, before reaching it. The other party is usually bound to the terms unless the minor chooses to void it.

At what age can someone achieve majority in the U.S.?

The age of majority in the United States typically ranges from 18 to 21, depending on the state. The most common age of majority is 18.

Can bylaws require more than a simple majority for decisions?

Yes, bylaws can specify supermajority requirements or other voting thresholds higher than a simple majority for certain decisions.

How does achieving the age of majority affect real estate transactions?

Once someone reaches the age of majority, they are fully capable of entering into binding contracts, including those related to real estate, without the need for parental or guardian consent.

In what other areas of real estate law is the concept of majority relevant?

Majority is also relevant in decisions made by homeowners’ associations, condominium boards, and during corporate governance meetings in real estate investment trusts (REITs).

Minor: An individual who is under the age of majority and is not fully legally responsible for their actions and decisions.
Contract: A legally binding agreement between two or more parties.
Condominium Association: A body of unit owners that manage the common areas and enforce regulations of a condominium complex.
Bylaws: The rules and regulations enacted by an association or organization to manage its internal affairs.
Supermajority: A higher threshold than a simple majority, sometimes 66%, 75%, or another proportion, required for specific decisions.

Online Resources

References

“Real Estate Law” by Marianne Jennings
“The Age of Majority and Its Legal Implications in Real Estate” – Legal Resource Journal, 2021.
“Understanding Homeowners’ Associations” by Sandra Rosenberg

Suggested Books for Further Studies

“Real Estate Law” by Robert Aalberts
“The Law of Property” by Roger Bernhardt
“Principles of Real Estate Practice” by Stephen Mettling

Real Estate Basics: Majority Fundamentals Quiz

### What is the standard legal age of majority in most U.S. states? - [x] 18 years - [ ] 16 years - [ ] 21 years - [ ] 20 years > **Explanation:** In most U.S. states, the age of majority is 18 years, which is when an individual is legally considered an adult. ### If a person under the age of majority signs a contract, what option do they have? - [x] They can void the contract upon reaching the age of majority. - [ ] They must honor the contract as it is. - [ ] The contract is automatically void. - [ ] They need a parent to ratify the contract. > **Explanation:** A minor can usually void a contract when they reach the age of majority, but the other party remains bound by the contract unless it is voided by the minor. ### For changing to another management firm, what does a condominium association commonly require? - [x] A majority vote from the owners - [ ] Unanimous consent - [ ] The board president’s approval - [ ] Approval from local government > **Explanation:** A majority of the owners who vote is typically required to make decisions such as changing management firms in a condominium association. ### Do all states in the U.S. have the same age of majority? - [ ] Yes - [x] No - [ ] Only federal law dictates the legal age. - [ ] The age of majority is the same globally. > **Explanation:** The age of majority varies by state, commonly ranging from 18 to 21 years. ### What term describes more than half of a group in a vote? - [ ] Minority - [ ] Plurality - [x] Majority - [ ] Quorum > **Explanation:** Majority refers to more than half of the totals votes in a group decision process. ### What happens to Jones’s contract entered into at age 17 after he turns 18, if he takes no action? - [x] It remains legally binding. - [ ] It automatically voids. - [ ] It needs reconfirmation. - [ ] He must take legal action to remain bound. > **Explanation:** If Jones takes no action to void the contract upon reaching the age of majority, the contract remains legally binding. ### In which document are voting requirements often outlined for a homeowners' association? - [ ] Minutes of meetings - [x] Bylaws - [ ] Property deeds - [ ] Local ordinances > **Explanation:** Bylaws typically outline voting requirements and other protocols for homeowners' associations. ### What does it mean if a particular decision requires a supermajority vote? - [x] More than just a simple majority is required for a decision. - [ ] Only a few votes are needed. - [ ] Voting is optional. - [ ] A single vote can determine the outcome. > **Explanation:** A supermajority requirement means more than just a simple majority, such as 66% or 75%, is required to make a particular decision. ### Who is primarily responsible for enforcing bylaws in a condominium association? - [ ] Tenants - [ ] Government officials - [ ] Building contractors - [x] The condominium association board > **Explanation:** The condominium association board is responsible for enforcing bylaws and managing common areas among unit owners. ### For a minor's contract to be binding, who in some cases must ratify it? - [ ] The local court - [x] A parent or legal guardian - [ ] School principal - [ ] A real estate agent > **Explanation:** For a minor's contract to often be legally binding, a parent or legal guardian may need to ratify it.