nominations

I am serving as a member of the nominating committee for our upcoming election. I would like to know if a person requesting to be presented as a nominee who may be in violation of the CCR's is considered an eligible candidate? I see no specific info in our bylaws relating to the definition of a member in good standing, or bonafide member.
Background info, this person sent a letter around the community recently, directly insulting the board and the Architectural review committee for a decision that was made regarding a his fence. His own failure to know his property lines and that there was a common area next to his property, caused for him to have to remove a portion of his fence which was infringing on the common area. Now he thinks the board or HOA should have to pay him back for his own mistake. He was informed by an ARC comittee member before the fence company put it up that he should have his property surveyed to avoid costly mistakes. Now this person wants to run for a board position. He currently has only 1 side of his yard fenced which is a violation of the CCR's. Is he a candidate that the nominating committee in good conscience can put on the slate?

Andrea, the answer lies in your controlling documents. Do they allow or prevent him from being a candidate? Obviously, I would not want him on the Board when he has not shown good judgement and is not in good standing. So if the documents allow him to be a candidate I would make the facts known to those members who are eligible to vote.

I have read all of the posts but still have a question:
If there is no way to block the candidate from running based on how our bylaws read or don't specify, how can word be sent out to the community to alert them as to the whole true story, without it causing more problems? this individual has already tried to physically harm one of the ARC comittee members when he approached him asking why he was passing around the flyers with his one sided story. The whole issue could have been avoided if this homewoner would have called in the surveyors and had his lot prperly staked. His Plat plan did show the common area, but he chose to ignore because he wanted to cut costs by attaching to his neighbors already existing fence. The problem is that htere is a 10ft. common area between the 2 properties. Now because he sent around a flyer blaming the Arc committee & Board, he has managed to persuade other homeowners into believing his story to be true, when in fact he has left out the most important facts that right now only the board and committee members have the priveledge of knowing. Is getting the facts out to the rest of the community the job of the committee or the board or neither? please advise. It would not be in the community's best interest to have this person serve to pursue his own agenda. Plus the fact that he has displayed such behavior goes a long way in showing the character of the individual. How will he ever hear what anyone else has to say when he believes his story is the truth?

I'm curious if your documents mention if someone must be a member in good standing in order to VOTE. If a member cannot vote, it would seem a likely inference to draw that he can't be nominated.

Our By-laws do not specify whether "in good standing" means JUST having paid the dues. Therefore, we can define, as the board, that good standing also means that the resident cannot have any active or outstanding violations.

Andrea:

I see something in there about the board being able to establish other rules as it deems necessary. How about a rule that you must be in compliance with all covenants and up to date on assessments? I don't know if that is legal, perhaps others can chime in.