HOA Voting / Board voting

In my community in Georgia, the HOA recently invoked the option in our CCRs to suspend the voting privileges of members at Association meetings who have outstanding violations, fines or past due assessments. There is at least one member of the Board who is unable to vote at Association meetings because of this rule. Do the voting rights of members at an Association meeting also apply to board members in a board meeting? The CCRs do not address this, but can it be construed that a board meeting is a special type of association meeting, and therefore the same rules apply?

Unfortunately the requirement to be in good standing is not in our Bylaws. I guess we didn't want to narrow the field too much!

How would the Association know the Director is delinquent in either assessments or fines or both as the information is confidential. Does do the Members know his/her voting privileges have been suspended?

I would not assume this. Case law where you live may address this better, and it may very well say that Members not in good standing may not serve on the board. Unfortunately I think you should get an attorney's opinion on the point.

It is possible that a director who is not up to date on either his or her assessment; is in violation of rules; or owes fines could be argued to not be serving the best interests of the Association. It is possible that this director could be seen as an "adverse party" on certain issues. If a board majority agrees, his or her voting rights as a director on only these issues could be suspended.

Is there a group that wants members not in good standing to be directors? Are they, say, trying to create chaos and ultimately dissolve the Association? If so, then trying to elect rebel directors is not the legal path for this. They need to follow the governing documents when it comes to dissolution.

I would suggest checking with your State Laws. In my state if I was delinquent (which has been NEVER) and my HOA denied me the right to vote on an issue such as Amending my CCR's and which is a document attached to my Property Title. Sorry ... that would be a cold day in hell. It is one thing to not be allowed to vote for BOD members not affecting property titles and another to amend CCR's.

As far as your BOD members ... You need to post the exact verbiage from your documents for any of us to give an appropriate reply. In some States the Law or referring to CCR's will note that any Board Member must be a member in good standing based on XYZ.