WillR (Michigan)
Posts: 68
Posts: 68
Posted:
Can the Board remove privilege from a member forever? Or can they only suspend for a time period?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
members privileges
Started by WillR • 8 replies • 1594 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Privileges are usually removed when one is in violation of something. Once that issue is resolved then the privileges should come back. The only privilege we revoked is the ability to vote if you weren't in good standing. Otherwise, as long as you were a member of the HOA, you had the same privileges of any other member.
Former HOA President
JohnO6 (Georgia)
Posts: 424
Posts: 424
Posted:
Will -
The answer to your question will be found in (a) your association's governing documents and/or (b) your states applicable laws regarding either HOAs or Non-profit corporations.
Read them.
The answer to your question will be found in (a) your association's governing documents and/or (b) your states applicable laws regarding either HOAs or Non-profit corporations.
Read them.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Will,
The one privledge that a HOA cannot remove from you is your right to ingress and egress your property. Delinquencies can bring a suspension of your voting rights and loss of use of amenities and common property. Forever is a very long time but if you fail your responsibilities such as financial and to take care of violations, the HOA can continue to restrict your access to certain privledges, so forever? I guess that it is up to you.
WillR (Michigan)
Posts: 68
Posts: 68
Posted:
My family has been members in good standing for over 40 years. Never behind on dues and always paid on time. The removal of privileges comes as a vendetta against me after they illegally removed me as president, which is currently in litigation. The board doesn't want me around the common areas or to vote or be able to attend the annual meeting because I might influence other members and explain their wrong doings.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Will,
There should have been a reason associated with the removal of privileges. If none was given, you should contact the Board. Actually, if you are currently in litigation, you might want to have your lawyer contact the board about it.
Tim
There should have been a reason associated with the removal of privileges. If none was given, you should contact the Board. Actually, if you are currently in litigation, you might want to have your lawyer contact the board about it.
Tim
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Will,
Just out of my own curiosity, how did they illegally remove you and for what reason? To suspend your rights will need to have a reason spelled out in your governing documents. So you "might be able to infulence other members"? Wow, the last that I heard, we all have rights to free speech unless you are standing on a street corner and bashing (justly or unjustly) the Board. In that case, they might have some slander concerns over what you are doing. There are 2 sides to every story, you know.
WillR (Michigan)
Posts: 68
Posts: 68
Posted:
Donna, under Michigan law covering Non-profit corp., "only the members can remove an officer", the board removed me the meeting after I was re-elected so they could put the person they want in. I found out that funds were being sequestered for over ten months and that a second bank account in the treasurers name only so I started a investigation. All this is currently in a lawsuit I filed. On the same day the board was served they voted to remove my privileges as a member. There was a kangaroo court held, I chose not to attend since the board is currently an illegal board. I later received notice that all my privileges had been removed, no time frame. When the board removed me as president they later learned that they couldn't that they could only suspend, so they now are claiming that I was suspended and did not attend three meetings so I therefore resigned. It would be like, firing an employee, learning that you couldn't fire them and then when they didn't show up for work then firing them for not coming to work!!
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Quote:
Posted By WillR on 05/31/2011 7:56 AM
D
There was a kangaroo court held, I chose not to attend since the board is currently an illegal board.
D
There was a kangaroo court held, I chose not to attend since the board is currently an illegal board.
Will,
Kangaroo court or not, I think it would have been better for you to have attended just to know what was being said. If it were me, I would have brought my attorney and a recording device as well.
I know it's 20/20 hind site, but I wanted to comment so others might benefit from the hind sight.
Tim
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here