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TammyO3
Posts: 46
Posted:
Can we suspend our homeowners votes for the annual election if notatated in the cc&rs?
GlenL
Posts: 5,429
Posted:
Short answer no - from http://www.davis-stirling.com/index.html

SUSPENDING VOTING RIGHTS
Too many boards improperly suspend voting rights automatically when an owner is delinquent. To suspend voting rights, boards must do the following:

1. In Bylaws. The procedure for suspending voting rights must be in the articles or bylaws. In the alternative, it must be annually sent to all members. Corp. Code §7341(c)(1)

2. Notice of Hearing. The person must be given written notice by either personal delivery or first-class mail, at least 10 days prior to the meeting at which voting rights will be suspended (unless the governing documents provide for a longer notice period). Civil Code §1363(h) The notice must be reasonably calculated to provide actual notice to the member. Corp. Code §7341(d) The notice must contain the following:
a. The date, time, and place of the hearing,
b. The nature of the alleged violation for which a member may be disciplined, and
c. A statement that the member has a right to attend the hearing and present evidence in his/her defense. Civil Code §1363(h)

3. Executive Session. Hearings should always be in executive session. Civil Code §1363(h); Civil Code §1363.05(b) Members have the right to submit their defense in writing rather than make an appearance before the board. Corp. Code §7341(c)(3)

4. Decision. If the board suspends the member's voting rights, notice of the suspension must be given by personal delivery or first-class mail within 15 days following the board's decision Civil Code §1363(h) (unless the governing documents provide a shorter notice requirement) and at least 5 days prior to the effective date of the suspension. Corp. Code §7341(c)(3) Once imposed, suspension of voting rights may continue until such time as the violation ceases.
TammyO3
Posts: 46
Posted:
It sounds like from this you can.
DonnaS
Posts: 5,596
Posted:

Tammy,
I am not sure what you mean by this. Do you mean the entire membership/ annual meeting or an individual. I am thinking that you mean the annual election in general. Tell us what you are referring to.
MaryA1
Posts: 6,993
Posted:
Tammy,

Glen has posted the applicable CA state law. And, you're right, you can suspend voting rights for the annual election, IF the board follows the statute Glen cited.

GlenL
Posts: 5,429
Posted:
Quote:
Posted By TammyO3 on 04/15/2008 11:31 PM
It sounds like from this you can.

Tammy the question you asked was if the H/O can be suspended if NOT STATED in the CC&R's. The law clearly states that the right to suspend MUST be in the By-Laws, the H/O must be notified and given an opportunity to appeal.

Ohio changed the law to allow BOD's to suspend voting & common element privileges to people who are 30 days in arrears. They do not specify an appeal process for this; I think I prefer CA's statute.
GlenL
Posts: 5,429
Posted:
Tammy oops my dyslexia kicked in and I read your (notatated) as not stated.
MaryA1
Posts: 6,993
Posted:
Tammy,

I read your mispelling as "notated". Which is it because it really makes a big difference. LOL
MaryA1
Posts: 6,993
Posted:
Tammy,

I read your mispelling as "notated". Which is it because it really makes a big difference. LOL
MaryA1
Posts: 6,993
Posted:
Tammy,

I read your mispelling as "notated". Which is it because it really makes a big difference. LOL
JaneK
Posts: 162
Posted:
I suggest also using
http://www.leginfo.ca.gov/
to read California laws.
Click California Law and then search for the codes you are interested in.

There is also good information on Beth Grimm’s website, one of HOAtalk’s sponsers. Go to the HOATalk homepage and click “California HOA & Condo Answers”
Jane
MS3
Posts: 5
Posted:


In an Indiana HOA, is this ruling the same for suspending voting rights?
GlenL
Posts: 5,429
Posted:
MS3 it depends on what is in your documents and applicable state law which is lacking in Indiana, however it may be covered in the laws covering corporations. Usually when a member is 30 days in arrears they loose the right to vote and use the common amenities.
MaryA1
Posts: 6,993
Posted:
Glen,

Just out of curiosity why would you think this might be covered in corp. laws? In an HOA members' voting rights are suspended if delinquent in payment of assessments or in violation of the CCRs. These don't apply to corp's and I can't think of any reason a shareholder would have his voting rights suspended.
MaryN
Posts: 122
Posted:
Our POA..suspended the voting rights of several members without giving a hearing..and the board stated that they could do that(VA POA law states a hearing must be offered and none was)because they chose to honor Corp laws. Our board plays games to do what they want. Now this and other issues are in the court system..trial date last day of Sept.
Will keep you all posted.
MaryN

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