Definition of Good Standing

Started by ThomasC11 • 10 replies • 2243 views

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ThomasC11 (California)
Posts: 210

Posted:

This is defined in our By Laws as simply being current with all assessments. Does not say anything about being in compliance with Rules and Regs. One would think this is implied?

Davis-Stirling suggest the definition include both.

Is there a solid case for calling out current Board members for not being in compliance, therefore not considered Member in Good Standing.

Important because BOD is working on rewrite of Rules, could go in the wrong direction. They need to be stopped so we can get a majority of "Rules Followers" in for June.

thanks for any help

LarryB13 (Arizona)
Posts: 4,099

Posted:

Thomas,

Actually, it never even occurred to me that "good standing" would include compliance with rules and regs. The problem is that unpaid assessments are pretty straightforward. Rules and regs are something else. You would almost have to have a squad of spies armed with clipboards checking off each and every possible item each and every day.

I can see the meeting now, "Sorry, Bob, but you left your car parked overnight in the driveway three days ago so you are not in good standing and cannot vote."

If you feel the need to include compliance as a measure of good standing, perhaps you should model it after the real world. That is, if a politician is convicted of a felony he gets the axe but he retains his job if he is found guilty of lesser crimes such as speeding or littering.

Personally, I find there is enough turmoil in most HOA's already and this idea just adds to the problems without solving any.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Why don't you call them to hearing and fine them for violating the rules? If they don't pay the fines, they will not be current with their assessments and won't qualify for board service. Or isn't the infraction a rule? Or don't you have a written schedule of fines? Or aren't you on the Board?

Remember that davis-stirling.com is not the Davis-Stirling legislation. So while this valuable site advises that your bylaws state that candidates for the board and directors must not have outstanding fines or currently be in violation of any of your governing documents, your own bylaws do not state that and would need to be amended. This can be a difficult, might involve an attorney, etc.

What in the Board's rewrite of the rules & regs is troubling you, Thomas?? what kinds of rules are current board members violating??

ThomasC11 (California)
Posts: 210

Posted:

The main rule that is being violated is the one that states "Garage can not be used for storage". Several Board members make excuses for this (my car is too big) or simply ignore it like it is an option. Major parking problems in HOA, will never get Parking Policy implemented this way and we need it badly.

Lots of renters moving in with multiple cars.

Also brings up a lack of integrity issue, especially when BOD conduct hearings and impose fines on those that have similar violations.

This community has had leadership issues for many years, this is why.

Running for BOD in June to answer your question, thanks.

ThomasC11 (California)
Posts: 210

Posted:

Have thought about your proposed approach to enforce the rules on BOD, don't need to stand outside and watch. I have seen their garages full of junk. Bad example to set.

Fines could be imposed and privileges suspended.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Yes, they can be fined. And their privileges can be suspended (if in your docs) until they cure the violation. But will the current board do it? And if they don't, what is your plan to, uh, "encourage" the board to apply fines, etc. equally?

ThomasC11 (California)
Posts: 210

Posted:

They have a Duty to enforce don't they? I think there would be room for legal action if they enforce on others but not themselves.

I do like your line of thinking, please continue.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Yes, in good standing would cover compliance with dues as well as active covenant enforcement measures - though dues compliance is the higher priority.

In terms of rule re-writing, rules can be changed to make violators compliant with the new rules.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here's a monkey wrench to through in. A member does not have to be in good standing to run for an office and be elected. Huh? That is right people can elect a person not in good standing if they choose too. It's just the fact that most of us would not want to elect a member who is not up to date with thier dues or in violation of the rules.

However, with the apathy issue being as it is. I could overlook a rule violation over not being up to date with their dues. Plus in our HOA we had a 6 month policy of placing a lien after non payment of dues. So one would have to have a defined timeline in saying when was not up to date with their dues/assessments. Especially if they are paid only once a year.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Thomas

I would say that if a Member of the BOD is being fined and refusing to pay said fine, then they are not a Member in Good Standing and could be removed/suspended for such.

If you see a violation then formally report it. Let the chips fall where they will.

ThomasC11 (California)
Posts: 210

Posted:

Violations are going on the books, we will see what happens.

This process of Board Members imposing fines on Homeowners when they themselves sit in violation has to end. One person was called to a hearing for parking in front of his unit (we have a 20 minute max.) and said "I'll stop doing it when he (Board Member) stops parking in front of his unit".

It's a nutty place.

Many thanks to all.

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