Owners in Arrears Voting

Our CC&Rs permit the Board to suspend the voting privileges of any owner behind in arrears in any amount to the association. On the annual election mailer, it is stated that those who are arrears in any amount to the association will not receive a ballot.

Since some owners may think this is harsh (I personally do not), how would you enforce this at an annual meeting to ensure this was done for both absentee and in person ballots? Would you ask the management company representative to explain the fairness of this provision in order to avoid the Board appearing harsh to someone owners who might not agree with this provision.

I don't think it's harsh either - the board oversees how the money is spent and all homeowners are legally obligated to pay it so the association can provide services as indicated in the documents. If they're so concerned about losing their right to vote or run for a seat on the board, they need to keep their assessments up to date.

You've already explained this in your letter, but if someone objects to this at the meeting, it's the responsibility of the BOARD, not the property manager, to make it plainer. The property manager works at the direction of the board, which should be doing things according to their documents. This is in your documents which everyone agreed to comply with when they purchased their unit. They'll look ridiculous arguing this point, but they don't care about that, let them stew and then remind them (again) how the rules work. If they still fuss, you may have to ask them to leave or sit down and let the meeting proceed.

In our community, we use a sign-in sheet that only lists eligible homeowners, so if you're not listed, you're welcome to stay and listen, but won't receive a ballot. It's best to hand those out as people come in, have everyone turn them in at the appropriate time and then count in front of everyone (use people who aren't running for a spot).

For the absentee owners, we use proxies where they can assign it to someone who will show up and cast a vote on their behalf (they must bring the card, which must be signed and dated by the homeowner). The name is also checked against the eligible list. They can also authorize the Board president to cast the vote in their behalf. If they decide to show up anyway, the proxy will be cancelled and they can vote - provided they're listed on the sign-in sheet (which they must sign).

Before we call the meeting to order, we total the number of people who show up and the number of proxies received - if we have at least 10% of the homeowners represented, on with the annual meeting.

That's why we don't run the sign-in sheet until the afternoon of the meeting, giving people time to bring their accounts up to date. Homeowners can also pay their assessments online, so we can update it quickly.

I posit that most people do not read the CC&Rs before purchase and when one cites them, they get offended.

That wasn't my question. It was why you can't tell the homeowner they can't vote because they owe you money. You have to hide behind a management company because you can't stand having your neighbor mad at you?

If you cannot stand and speak honestly to the issue - you should not be on the Board.

This one is easy - "We have a rule, here is the reference, I will read the rule, we are following the rule, are there further questions?"

On second thought, since they didn't get a ballot, what's the issue?

If you get challenged, please stand behind the PM while they bail you out.

What about the feelings of those owners who are offended at the costs and trouble to the association that the delinquent owners cause? A board has to be automaton like on this point, giving proper notice of the delinquency and suspension of voting rights, all in private and not in public. I think there is no avoiding bad feelings from some.

OK, that's news to me. How far in advance?

Thanks. We were fortunate to not have any suspensions this year. Our board collection policy needs revision.