NancyJ4 (North Carolina)
Posts: 2
Posts: 2
Posted:
Can your HOA board tell a homeowner they are not allowed to vote if they are not paid up on their dues?
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HOA voting
Started by NancyJ4 • 12 replies • 1322 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
If that's the rule, why wouldn't you? When you send late notices, you should tell them that if the assessments remain unpaid after X number of days, they will lose their right to vote (they can still come to a meeting, but won't be able to cast a vote).
The best way is to print a list of eligible homeowners and have them sign in - if their name isn't listed, they should see the property manager, who can tell them
The best way is to print a list of eligible homeowners and have them sign in - if their name isn't listed, they should see the property manager, who can tell them
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Typically, yes.
Most Associations, and some States' Statutes. authorize a Board to suspend voting privileges for members who are not in good standing.
Not being in good standing equates to not being current in paying your assessments.
Your governing documents and applicable State statutes will further explain if there are any qualifiers (must be 60 days late vs 30 days late) or procedures (must have a hearing) associated with the suspension of voting privileges.
Most Associations, and some States' Statutes. authorize a Board to suspend voting privileges for members who are not in good standing.
Not being in good standing equates to not being current in paying your assessments.
Your governing documents and applicable State statutes will further explain if there are any qualifiers (must be 60 days late vs 30 days late) or procedures (must have a hearing) associated with the suspension of voting privileges.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By NancyJ4 on 03/22/2016 11:07 PM
Can your HOA board tell a homeowner they are not allowed to vote if they are not paid up on their dues?
Can your HOA board tell a homeowner they are not allowed to vote if they are not paid up on their dues?
Typically one must be a member in good standing to vote and being behind in dues is considered not being a member in good standing.
At our Annual Meeting we keep a list of those behind in dues and when one of them registers, they are informed they can attend but they cannot vote.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
I just read a blog entry that suggests (in Florida at least) a board should vote to suspend an owner's voting rights BEFORE the voting takes place, perhaps at a prior meeting. He also suggests the names be read into the record and appear in the minutes. Denying someone's vote the day of the election with no prior notice could get dicey. Not that I agree with that; FL statutes does not require those steps. It might be good for avoiding a lawsuit. Maybe. And as always, another attorney might give you a different opinion.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
If I recall right, we suspend Owners' voting rights before the election at an executive session of the Board. Again, If I recall correctly, this follows both our yaws and CA Civil Code.
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Nancy
Voting rights of your members will be discussed in either your CCRs or Bylaws or possibly both. Your state statues may also outline if the voting rights of a member may be suspended due to delinquency on their assessments and/or fines. There may be language in your docs or state statues detailing how the association goes about the process.
For example, in California, the voting rights of a member may be suspended if they are delinquent in their assessments or having outstanding fines. But, they association must go through due process prior to any suspension.
Voting rights of your members will be discussed in either your CCRs or Bylaws or possibly both. Your state statues may also outline if the voting rights of a member may be suspended due to delinquency on their assessments and/or fines. There may be language in your docs or state statues detailing how the association goes about the process.
For example, in California, the voting rights of a member may be suspended if they are delinquent in their assessments or having outstanding fines. But, they association must go through due process prior to any suspension.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Nancy
Keep in mind some states such as FL and CA are heavily regulated when it comes to HOA's. SC basically leaves it up to the Corporation (the HOA) to operate as they want to. In SC we need no hearing to suspend an owners right to vote. Other than some nasty words, no one ever legally challenged us when we called them aside and told them they could not vote.
Keep in mind some states such as FL and CA are heavily regulated when it comes to HOA's. SC basically leaves it up to the Corporation (the HOA) to operate as they want to. In SC we need no hearing to suspend an owners right to vote. Other than some nasty words, no one ever legally challenged us when we called them aside and told them they could not vote.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Our docs say the "the board may suspend voting rights of members not in good standing". I don't think we've ever bothered, most of our delinquencies have been homes in foreclosure, and I don't recall any of those members showing up at meetings or returning a proxy so it's been a non-issue.
Escaped former treasurer and director of a self managed association.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Here is the "rub"... One may not be able to vote BUT does NOT mean they can't be voted for. Seems to me I'd rather block someone from holding office than if I can vote that person into office. General members votes are general for big items and elections. Most of the time it's the Board's votes that have the most weight.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Our docs call for a member to be in good standing to run for and/or serve on the BOD.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By MelissaP1 on 03/24/2016 7:37 AM
Here is the "rub"... One may not be able to vote BUT does NOT mean they can't be voted for.
Here is the "rub"... One may not be able to vote BUT does NOT mean they can't be voted for.
Additionally, it also doesn't mean that the individual can't attend the meeting and participate in the Q&A.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 03/24/2016 2:52 PM
Posted By MelissaP1 on 03/24/2016 7:37 AM
Here is the "rub"... One may not be able to vote BUT does NOT mean they can't be voted for.
Here is the "rub"... One may not be able to vote BUT does NOT mean they can't be voted for.
Additionally, it also doesn't mean that the individual can't attend the meeting and participate in the Q&A.
We allow attendance and questions from members not in good standing. They just cannot vote, run for the BOD, nor remain on the BOD (until paid up).
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