What are the risks for NOT Upholding CC&Rs?

I am on the board as treasurer and I am currently in dispute with the newly elected secretary. We elected a new president (who happens to be a family member) with the knowledge that he is a owner on title. Our CC&Rs states the following: Article VI, Section 1, says board members must be owners. Article I, Section 7, says "owner" means an owner of record.

The secretary is challenging me to overlook this rule and allow the member to take seat on board as president, even though, he is not a homeowner on record.

What are the risks and isnurance liabilities for not following CC&Rs? What are some of the options to resolve this dispute?

I don't see a dispute. It's plain and simple. NOT a owner or responsible for paying the dues to the HOA, then you can NOT be a member of that HOA or BOD member. What does she think HOA stands for? It's simple: HOmeowner's Association...

It's like someone walking down the street and decides "Hey I want to run your HOA..."??? Does that make sense? Renter's aren't even allowed at meetings! They even live there but don't qualify as members. Members are ONLY owners or developers/builders. Depending on the situation.

I'd suggest you explain what it means to be in a HOA. Put it in perspective they can understand. Like Groucho Marx used to say..."Any Club that would accept me, isn't a club I want to belong too"...

Thank you for your information. I totally agree with you. However, the secreatary is an attorney and thinks he has advantange over the other members regarding the CC&Rs. The person who wants the seat as president is his brother-in-law and they both have a written agreement in writing stating that he is joint owner. However, his name is not on "title" according to California law. The legal owner (secretary) lives out of state and does not reside in the unit only his brother-in-law. The lawyer is now attacking me in a very unprofessional conduct.

You didn't mention lawyer...That changes the game a little. Your HOA has elections correct? Then the only thing in dispute here is IF they can be on the BALLOT to run for President. It's NOT a dicatorship...

Do the owner meet the standard as far as being up to date on dues? Our HOA if you were behind in dues, you lost your right to vote. You didn't lose your right to be elected. HOwever, who is going to elect someone who can't pay their dues? Similar situation here...Who's going to vote for a person who is related to another BOD member and people know isn't technically an owner?

Don't let the lawyer bluster you into anything. He's just doing his job. Plus if they were to sue, what would it be for anyways? Money isn't lost and they can't force you to act against the law/rules. If they do sue, then counter-suing is a much better option for you. It doesn't cost much to counter-sue.

I'd tell that lawyer to bring it on and sue...see you in court...CLICK!!! Anyone knows that suing your HOA is suing yourself and your neighbors...NOT a good position to be in if your on the other side of that one...Even this person's lawyer knows that...