Suspended Members Allowed on Board?

Started by CaryL • 3 replies • 2075 views

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CaryL (Arizona)
Posts: 19

Posted:

Howdy,
I'm in Arizona, and we currently have several of the old Board members trying to gain control. One in particular was found in arrears for unpaid fines due to an architectural defect. The fines have been upheld by our attorney as lawful. However, he's running as a write-in for the Board. CC&R's state that any member with unpaid fines can't vote. Can this guy even run for the Board if he can't vote?

Cary

HaroldS (Arizona)
Posts: 906

Posted:

Hello Cary - I did find in our CC&Rs that a delinquent member cannot vote, but have not been able to find anything preventing them being a board member. My gut feeling was that you had to be "a member in good standing" but maybe not. Actually the board and MC should only have this information - how did you find out this person is delinquent? Consequently only the board has the information to enforce - or not - this rule. Harold

CaryL (Arizona)
Posts: 19

Posted:

Hi, Harold. I'm a comitteeman on the Board and also take care of any desktop publishing that the Board may require, as well as any research that they may need. I agree that we would have to go with "member in good standing" and use some logic and common sense when dealing with this. Unfortunately, since our CC&R's haven't been revised since 1973, I'm having to use the Arizona Revised Statutes (ARS) to make anything stick. Thanks for your advice!

Cary

CaryL (Arizona)
Posts: 19

Posted:

Oops, sorry, Harold. I should also state that we don't use a MC...only the BOD.

Cary

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