Not inviting HOA members who are delinquent on dues to meetings...?

In a previous post, I stated that we have an issue with a deadbeat resident. The last HOA meeting in December not all members were able to attend. Those who attended were the Board (myself as president) and the deadbeats. The meeting became very volatile and I was threatened by the deadbeats boyfriend.

What happened during the meeting was spread through our small community. I have been approached by a member of the association to hold another meeting WITHOUT the deadbeats present. What are your thoughts on this? What are the ramifications of not inviting the deadbeats?

My thought is that despite their being deadbeats, they are still members of the assocation and are therefore to be treated equally as those members who are current on their dues. However, what we will be discussing is a legal course of action to be taken against the deadbeats. LOL! You can see the difficulty of my situation. So I am not sure exactly what I need to do here.

Please all advice is most welcome!

Thank you, Bridgett HOA President

Brigett,

They are not equal. In California, they would be allowed to attend meetings, but their voting rights and common area privileges, can, and should be suspended until their account is brought current. In our situation where we are single family homes with private streets, the delinquent owners will be called to hearing, privileges suspended if not brought current and their vehicles, if parked on the street, common area, will be towed.

Tough Love.

I have to wonder how long you have served as Board President?

I also have to wonder why the deadbeat's boyfriend is allowed to atend your meetings? Is he an owner? If not than under your documents and state law is he allowed to attend?

In what manner did the boyfriend make threats to you? Please be specific?
Were the police called? If a real threat, not just some back and forth, they should have been.

Well not sure how things are done out in NM but I would not be in favor of excluding the deadbeat owner unless your documents or state law require they be in good standing to attend.

I would also think the discussion about possible legal action against this owner should take place in private with the Board and possibily the attorney not in an open meeting. In most states, no sure about NM this is what you coud use an executive session for to avoid discussing the issue and avoid an open dispute.

If the future presence of these people becomes problematic I woulod suggest you contact eiher the local PD and report the threas made against you. Ask if they might have an officer who could atend the next meeting o ensure things go no further. Many police departments offer such a service for events or gatherings at a nominal fee.

If not go the route of hiring a private security company to conrol their behavior or remove them if that should become necessary.

Takes a REAL man to threaten a woman.

I have looked in our by-laws, quite thoroughly, they are still considered equal members with a vote even if they are delinquent. We have liens against both of units and now the board is pushing forward with foreclosure.

We are a very small HOA, we have 8 units. That is right, 8 units.

I have an appointment with the lawyer tomorrow. I am hoping to have either her present or the police present during our next meeting. Hopefully, that will keep things civil.

Any owner no matter their standing can attend a meeting. Those wjo are NOT members or have power of attorney may NOT attend. That includes renters and can even be spouses of owners NOT on the deed (technically). The boyfriend has no rights if not on the deed. Residing there does not give one access or rights as that is NOT a qualification of membership. You have 100 homes you have 100 members (Married as 1 if purchased married).

Call the police for threats. Does your lawyer represent you or the WHOLE of the HOA? Be careful there. You need a HOA board approval to hire a lawyer if using HOA funds. It is every HOA members money your using after all. It is NOT just you.

Bridgette,

Is it legal to record meetings in your state? If so, the Board may help protect itself by doing so. I agree with Tim's suggestion, but as he admits behavior deemed inappropriate is a subjective position. The Board does not want to be accused of hindering a legal process just because they became uncomfortable with someone's style.

Being delinquent on dues is not acceptable if it is because the member has a disagreement with the HOA. OTH, addressing their concerns so as to help eliminate their delinquent status is a good approach. Again, many neighbors do not know their documents, or even if things like RR are required and so when they disagree with the Board they will too often react emotionally. Yes, Boards will have to repeat again and again but that is to be expected.

We have all read the recent posts expressing views that both Boards and membership have the responsibility to make things work smoothly in their HOA. I am of the view that since Board members accepted their positions, they have a larger responsibility in making things work because Board positions have requirements, at least in my state, of things like a Duty to be Informed etc. which are not required of the membership.