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MissyS (Florida)
Posts: 73
Posted:
For those of you living in Florida have you ever suspended voting rights of your members for delinquent assessments? If you have, what is the legal process? Our docs and the FS give us the authority, but no guide lines as to how it is done. We have a meeting scheduled in Sept. where members will be voting for a special assessment, how much time is required before the meeting to notify the member they have lost the privilege to vote?
MikeS1
Posts: 668
Posted:
In Virginia no notice is required. If they are more than 60 days in arrears, they are simply told at the annual meeting, that they can't accept the ballot when the owner submits the ballot. Proxies are just disallowed as well.
MicheleD (Kentucky)
Posts: 4,491
Posted:
We don't have to notify either.

We simply remind people in our communications prior to the meeting (like the ones announcing the meeting) that only members in good standing, including non-delinquent assessments and unresolved violations, are eligible to vote on any matter.

Also, all votes must be in writing with the lot owner's name and address, there can be no anonymous voting as we need to confirm voting eligibility of each vote.

So we don't do "show of hand votes." We have paper ballots available and the secretary verifies the eligibility of each vote during the meeting.

NancyD1 (Florida)
Posts: 447
Posted:
There is no legal procedure. If it states that their rights will be suspended in the doc's, that is all that is needed. Our votes are also paper, with names and lot numbers on the envelopes. The election committee is given a list of lots that are not allowed to participate. They compare all envelopes and return any that are not in good standing.
GloriaM (North Carolina)
Posts: 829
Posted:
Missy:

Even though there is not a proceedure, I would still want to protect the HOA by stating it for the record in your next duly called meeting of the board, that they have voted in favor of suspending the voting rights of anyone dleinquent.
GloriaM (North Carolina)
Posts: 829
Posted:
delinquent, sorry
DanaA (Florida)
Posts: 117
Posted:
Since we can suspend, if in our documents, voting rights of members if delinquent, can we also suspend voting rights, if in documents, if member is currently in clear violation of other CCRs, where member has had been given notice of violation in wriing,and member has ignored? Example, illegal fence installed, property maintenance violations, etc. Or is this not allowed? What about suspending use of common area facilities if delinquent or other CCR violations exist? Abide by 720 HOA. Just wondering.
NancyD1 (Florida)
Posts: 447
Posted:
Dana,

FL 720 states that you can only suspend voting and common area access of a non performing homeowner. If the homeowner has violations and/or fines, brought on by violating the CC&R's, you cannot suspend voting and/or common area access.

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