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PatR (Florida)
Posts: 139
Posted:
Hi:

I know this subject has been touched upon before. But I need to know if there are any state statutes (FL) that speak about allowing an HOA/BOD member to vote if they are late paying dues,or not following HOA rules and regs.

I will double check our DOCS again, but elections are right around the corner!

Thanks

Pat
BrianB (California)
Posts: 2,820
Posted:
State statutes may be hard to come by. Cali and Florida may have the most chance, since they are the most progressive (?) in actually HAVING laws about HOA's (many many states don't).

Your HOA rules should have something about board membership, good standing, etc.. Check around the by-laws and codes for phrasing. Ours, for example, automatically disqualified a board member if they were late with their assessments: no mess, no fuss, black and white: Board member late paying dues, he is out of a position.

However, we had nothing about being a board member and violating other rules: in those cases, we would simply treat the board member like all other owners, remind them of the infraction, document letters, fines, etc..
GeraldT4
Posts: 1,022
Posted:
PatR - If someone is late paying dues, they may still be a member in good standing. Just depends on how late (some docs. specify), and if the member has been properly notified and fined. You see what I'm saying?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Pat,
So sorry--I don't know how I missed your post. Not following HOA rules is something that you would go to a fining process against a member. There are no statements that allow for removal of a members rights for violations unless your governing Documents allow for it. But failure to pay dues or assessments is where you can remove their voting and useage rights. It is below and is in 720;305

(3) If the governing documents so provide, 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.

2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel.

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