Pay to vote

Started by JamesC19 • 3 replies • 1005 views

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JamesC19 (Arizona)
Posts: 2

Posted:

I am assuming the HOA Presidents position Jan 1. While everyone is a member of our HOA, the HOA currently charges $5.00 dues and that gives you the right to vote, if you don't pay you can't vote. Is this legal? We in AZ.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Hi James, since you'll soon be the president it will be a good thing to learn your governing documents. Who may or may not vote probably is in your bylaws. The Bylaws may say something like Members may vote if they are in good standing, i.e., don't have unresolved violations, are current on their dues, etc.

But are you saying that beyond some kind of normal dues, Owners pay a $5 extra fee to vote? A "poll tax"? Please clarify.

LarryB13 (Arizona)
Posts: 4,099

Posted:

James

I have not seen this issue addressed in the HOA statutes but may be covered under the Arizona Non-Profit Corporation Act.

It is a widespread practice to deny voting privileges to members who are not in good standing. Keep in mind that this applies only to association business. You could not exclude non-paying owners if you were trying to amend the CC&R's.

I am curious about the $5.00 assessments. Is that per month, per year, or some other period? It is unusually low and makes me wonder about the nature of your association. By contrast, my brother-in-law inherited a condo on North Central Avenue in Phoenix 20 years ago. When he sold it circa 1996 the monthly assessments were about $500.

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By JamesC19 on 11/09/2012 11:14 AM
I am assuming the HOA Presidents position Jan 1. While everyone is a member of our HOA, the HOA currently charges $5.00 dues and that gives you the right to vote, if you don't pay you can't vote. Is this legal? We in AZ.

James, the answer lies both in your documents and in your state statutes...it is common for CC&R's to have a clause which restrict the members right to vote if they are delinquent on dues or not compliant with rules. However, some states, and mine is one of them, have enacted laws that make it illegal to take away the member's right to vote in some cases no matter their status with the association.

From what I have seen Arizona is one of the more progressive states with regards to HOA laws so the answer should not be too difficult to find.

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