Suspension of rights for owners of multiple units

i would have to see how your rules are exactly worded, but at the moment, I tend to side with the HOA, because otherwise, you could buy 50 lots, and pay the dues on one of them, be in arrears on 49, and still enjoy all the amenities of the HOA... which isn't fair to the other owners.

If you are a Florida HOA you need to refer to Fl. Statute 720.305(2), (2)(a) & (b) and 720.305 (3).

(2)If a member is delinquent for more than 90 days in paying a monetary obligation due the association, an association may suspend, until such monetary obligation is paid, the rights of a member or a member’s tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines of up to $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that a fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney’s fees and costs from the nonprevailing party as determined by the court. The provisions regarding the suspension-of-use rights do not apply to the portion of common areas that must be used to provide access to the parcel or utility services provided to the parcel.

(a)A fine or suspension may not be imposed without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.

(b)Suspension of common-area-use rights do not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(3)If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days.

I am not questioning the right of an HOA to suspend rights. My question is regarding the HOA's right to aggregate units when one has a fine and another unit does not. Clearly voting is one example of this. Each unit receives a vote. If one unit is in arrears and one is not, the one in arrears cannot vote however the current unit CAN vote. People are not really members of an HOA as much as the PROPERTY is a member.

Further examples, from Davis-Stirling-

In a planned development, “separate interest” means a separately owned lot, parcel, area, or space.

The Nonprofit Mutual Benefit Corporations Law-This law provides the basic rules for homeowner association governance. It deals with the aspects of voting rights, manner and timing of notices to members, meetings, and director selection and removal. One very notable application of the Nonprofit Mutual Benefit Corporations Law is that "owners associations" are exempted from the general rule that bars members from holding more than one membership in a nonprofit mutual benefit corporation Thus, an owner of more than one separate interest may hold more than one membership in an association.