suspended voting privileges?

Started by MissyS • 8 replies • 1508 views

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MissyS (Florida)
Posts: 73

Posted:

In Florida an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days. How would this affect board members? If the treasurer’s voting privileges have been suspended would he be able to vote at Board Meetings?

JoeW1 (New York)
Posts: 728

Posted:

MissyS - Board members are not immune from the rules and regulations of a community. If a resident looses their member in good standing status their position in the community will not shield them from suspension of voting rights.

GlenL (Ohio)
Posts: 5,491

Posted:

Suspension of the treasurer's membership voting rights would not necessarily negate his ability to vote on Board matters its apples and oranges (not the same thing). IMO the question is what do the governing documents say about a member not in good standing serving on the Board? Since the treasurer is the one in arrears the Board should remove him from that position ASAP and remove his access to Association funds. Not accusing him of any improprieties but this would prevent the appearance of improprieties.

Studies show that 5 out of 4 people have problems with fractions

NancyD1 (Florida)
Posts: 447

Posted:

Glen, if a member is not in good standing and has no vote, why would anyone take his vote if he is a BOD member. His voting priviledges are suspended...

GlenL (Ohio)
Posts: 5,491

Posted:

Because the way Missy's post specified that "the association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days." That means IMO that the Board can suspend a person from voting on things that ANY other homeowner can vote on at a general or special meeting of the Association.

If the documents or the law are silent on the status of an officer who is not a member in good standing (most or at least our documents require them to be); you may not legally be able to prevent the delinquent party from acting as an officer of the corporation.

Since the votes at a Board meeting (pay the bills - hire XYZ company) are different from the votes a general member may make. That was the reason for my question about is a member not in good standing able to serve?

Studies show that 5 out of 4 people have problems with fractions

MissyS (Florida)
Posts: 73

Posted:

Our documents only refer to removing a board member when the board member misses three consecutive board meetings. The board can remove an officer with or without cause, so the board can remove him as treasurer but not remove him from the board.

NancyD1 (Florida)
Posts: 447

Posted:

Missy, do the doc's make a clear delineation of voting on only ballot issues if you are suspending the voting rights of a member? If so, then he can vote as a member of the BOD on BOD issues.

RogerB (Colorado)
Posts: 5,067

Posted:

I think the restriction to only allow members in good standing to vote may apply only as a member of the association and may not apply as a member of the Board. What!! That's difficult for me to believe because it doesn't make sense!

Except, consider those HOAs which have By-laws which do not require Board members to be owners. Nevertheless, should a delinquent homeowner who is on the Board be allowed the same rights as non-owner Board members who pays no assessment?

IMO the By-laws should be amended after the homeowners take over control from the Developer. The amendments may require:
All Board members shall be owners. Any member whose property is in violation of a restriction or has delinquent assessments shall be considered to not be in good standing. Voting rights shall be suspended at members meeting and at Board meetings for any owner who is not in good standing.

MissyS (Florida)
Posts: 73

Posted:

It’s hard to wrap my mind around the fact that a treasurer can be delinquent and still be able to vote and remain on the board, but Roger I think you’re right. We’re one of those HOA that allow non-owners to be board members. Your amendment suggestions are excellent!! Thanks for your input

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