Differences between Rights and Privileges in HOA

Our HOA bylaws state that if a member fails to pay the annual assessment when due, such failure shall suspend the member's privileges until such time as he/she pays all arrearages in full. We have taken the position that the member would not be allowed to utilize the common facilities (pool, lake areas, etc). However, our governing docs do not address whether this extends to whether the member can still vote or run for a board position. Would you conclude that if the member is "not in good standing" due to nonpayment of dues that they would also not be allowed to vote or hold office?

Not totally Donna - many documents specifically state that only members in good standing can vote. However, in this case, unless it specifically addresses this in the voting section of the documents or has other language in the section quoted to that effect, I wouldn't take away any right not detailed in the docs.

Joe

Thank you for your views. What about running for a Board position? Since our Board usually meets in a common facility - which a non-paying member would not have access to - how can a Board function with an director with this type of status?

Right Joe - That's how our docs read and we've seen this happen before.

Donna - I think I saw the same thing Joe did. You stated "The one right that all members have is the right to vote on association issues." Too rigid a statement. Members can lose their right to vote. Our Bylaws have this:

The Association shall have the right to suspend any voting rights for any period during which any assessment against said Member's property remains unpaid for a period not exceeding sixty (60) days for each infraction of its published rules and regulations.

Thanks Dwight, that's what I saw Donna. Wasn't sure if that was what you meant to say, but just wanted to clarify it.

Joe

IMO, Donna was making a general statement in saying that all members DO have the right to vote. Perhaps she should have included, "unless that right has been revoked because of nonpayment of assessments or a CCR violation." I'm sure there are some docs out there that do not have this suspension clause, meaning the right to vote is ever present. But, even those that do it should be noted that the voting right suspension is not permanent.

Frankly, I think it a bit "nit-picky" to say Donna was incorrect in her statement, because she really was not. Voting is a right extended to all members of the assn. Because the statement is not prefaced with any or all the reasons why the right may be suspended doesn't make the statement incorrect.