annual meeting & voting

Started by LisaW10 • 14 replies • 1512 views

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LisaW10
Posts: 7

Posted:

Suggestions on how to handle this:

The day of the meeting a homeowner (behind on their dues) throws his/her name in for election to the board. This already happened at our first meeting, however quorum was not reached so it didn't matter.
Second try at the meeting is about to happen, said homeowner is still delinquent. How to handle?

Also, owners show up to complain and to vote even though they are in arrears. That one is easy - just don't count their vote. Although we have to listen to them?

Opinions, advice?

BB5
Posts: 140

Posted:

Is there anything in the CCr's that states anyone in arrears cannot vote ? If not you have to let them vote.

LisaW10
Posts: 7

Posted:

member not in good standing cannot vote

my apologies for not mentioning directly

FredS7
Posts: 922

Posted:

You may not be able to avoid listening to them (and I can see some reasons for listening). You may set limits on length of time, when in the meeting they can talk, etc.

JohnC46
Posts: 14,230

Posted:

Our Bylaws basically say any elected director who is more then 30 days deliquent in any payment due the associaion may be removed by a majority of the directors present at a regular meeting or at a special meeting at which a quorum is present.

I suppose the above could also mean any fines due but perhaps another subject.

I also skimmed our Bylaws and saw nothing about deliquent payments prohibiting one from running for election to the BOD. So one might be deliquent and run but also the first order of business at their first BOD Meeting might be a motion for the BOD to remove that person.

Now were I running for the BOD I would most certainly let it be known I would uphold the Bylaws and make a motion to remove any BOD Member deliquent in payments.

If an open candidate question session, I might ask a candidate their beliefs on this Bylaw.

EllieD
Posts: 444

Posted:

LisaW10,

Is there anything in your CC&R’s that states that a member in arrears cannot serve on the Board?

MelissaP1
Posts: 13,734

Posted:

Here's the deal...Some HOA's have a rule if your behind in dues you lose your right to vote. However, this does NOT bar that person from running for office. They just can't vote for themselves or others. So who is going to vote for someone who is behind in dues or can't vote? Is there a chance they will get elected? Sure just like any other member. Maybe it will encourage them to pay up their dues when they realize the real effect of their non-payment.

I say let them run and just let the people decide if they are okay with the dues issue.

Former HOA President

LisaW10
Posts: 7

Posted:

I have no problem speaking up during the meeting. But how and should I call the candidate out for being in arrears and ALSO having been guilty of a handful of covenant violations in the past six months. In fact, that home is in need of more warning letters currently. It is a junky looking house, a messy yard, etc. It is no surprise to want to run for the Board, they are angry the current Board 'picks' on them. Others in the room will know the house in question by description, but they won't necessarily be able to connect the owner to the house.

How do I do this and not come off looking badly to all the others? And making it known that a specific individual is late with dues? Or do I simply say "I have a problem with a Board Member being late with dues or guilty of repeated covenant violations? Will all the candidates answer the questions Have you been in violation of covenants and if so how do you intend on enforcing the covenants on others? Are you current with your dues?"

I do need to verify what our covenants say about being on the board if you are not in good standing.

SusanW1
Posts: 5,197

Posted:

Our bylaws say that an owner must be current on dues to be a candidate for the board.

That's pretty boilerplate. Check under 'board of directors' or 'elections.'

BradP
Posts: 2,548

Posted:

Our documents say nothing about a board member being caught up on dues, actually our board members don't have to be members of the community. While our documents say that you can't vote if you are in arrears, the state of Kansas recently passed legislation last year to allow voting in some cases even if you are behind.

If you have no language prohibiting them from running then there is nothing you can do.

TimB4
Posts: 20,986

Posted:

Lisa,

If your governing documents do not specify any requirements to serve on the board or if there are requirements and being current isn't one of them - you must let the individual be a candidate.

If they are elected to the Board, I would not appoint them treasurer or President (as this may minimize any issues if the word gets out).

Perhaps if there are more candidates, that individual won't receive the votes.

Tim

JohnC46
Posts: 14,230

Posted:

Lisa

So far you have several differing opinions. While we might all be right/wrong or both, the real answer is your CC&R's, Bylaws. State Laws, etc.

My suggestions based on a myriad of answers so far, are:

1. Read your CC&R's, Bylaws. The person might not be eligible to run for the BOD even if oweing dues.

2. They might be eligible (as in our Bylaws) to run, but not to serve.

If you are not running for the BOD then you have no hidden agenda. You can afford to be upfront and communicate in any method/media you choose to use.

Before you challenge someone (no matter the media used) be sure of your challenge. If in doubt pt your challenge in the form of a question:

Examples:

1. You are not allowed to run for the BOD based on my reading of so and so. If they prove you wrong then you are the crazie even if you are correct. Many out here on this chat have yet to learn that is not the right approach to take.

2. Thank you for running for the BOD but I need your help. How can one running for the BOS help our HOA in these financially hard times owe are HOA money and do you owe our HOA money? then sit back and smile. Like asking: Do you still beat your wife?

3. Never mention names. Be vague as in ask I wonder what those running for the BOD think about..so and so?

4. If you are the "wierd one" then few will respond and/or take you upon things asked. That in itself might be a lesson....LOL

If you have no agenda then what is the worst thing they can do to you? Write you a nasty letter? They surer then $hit cannot you back to a place where someone is shooting at your sweet a$$....LOL

LisaW10
Posts: 7

Posted:

Thank you all so much!

MichaelS41
Posts: 9

Posted:

Lisa, how does your Board handle discussion of delinquent accounts? Personally, I would be wary of calling out a Board candidate for being delinquent, because our Board always handles delinquent accounts in Executive Session. As undesirable as it may be to have a Board member who is (significantly) delinquent in their dues. I would even be wary of phrasing it in a 'general' way, because people aren't stupid (generally speaking...) and they'll be able to figure out what you mean when you ask this candidate what he would think of a Board member who is way behind in their dues. In any case it sounds as if there are plenty of other reasons to question this homeowner's qualifications to serve on the Board, beyond their delinquency.

LisaW10
Posts: 7

Posted:

We (except for one lone troublemaker who constantly disagrees) are diligent in keeping delinquent homeowners identities private. I was going to ask all candidates to answer a few questions before the vote, something like: Have you been in violation of covenants in the past year and how did you respond/comply? The reason for the quesiton is that as a board member you will be responsible for enforcing covenants and if anything, should hold yourself to an even higher standard.
And are you current in your dues? If one of the officer positions is Treasurer, how can we expect a board member unwilling to pay their own dues to collect from others?

Of course if this certain someone outright tells a lie, then I don't know what............

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