voting rights

We have 4 properties that filed bankruptcy,4 placed foreclosures,18 that we are getting a lien put on them,5 given demand letter for payment,4 given reminder letter.(Their are others already in that have liens and have foreclosured).They have violated the bylaws by not paying the HOA fees. They were never sent any violation letters,do they still have their voting rights?
Barbara

In Kentucky we do not need to "send notice of violation" in order to suspend voting rights for non-payment of assessments.

We send the statement in November of the year prior to the assessment period (it's an annual assessment).

The governing documents state that if payment is not made by January 1 of the year the assessments cover, then the homeowner is considered "not in good standing," and forfeits voting rights.

So if January 2 comes around, and the title owner of record hasn't paid, automatic suspension.

We DO send courtesy 2nd and 3rd notices for payment, but they do not receive any other mailings or meeting notices, including notice for nominations and notices for annual meeting, until reinstated to member in good standing.

That is also per our governing docs.

Barbara,

Donna posted the statute, but it all depends upon your gov. docs. Do they say a member's voting rights are suspended if in violation of the CCRs or delinquent in paying assessments. I believe this is standard in most assn docs. Regardless of whether or not a member has received a violation notice, if this statement is in your docs then their voting rights can be suspended.

Barbara,
I would think in view of the extent these foreclosures are effecting your association, I would think the Board would want to call a special meeting to go over with all members what the Boards actions are going to be. These steps will have to conform to the covenants and any state statutes or any other stipulations in your documents with any amendments that have been added. The Board should adopt their position as a resolution and send out the procedures to all members.

What has been suggested so far is certainly valid but you sound like you are really going to have your hands full and all pertient information on one page may help to simplify any action that has to be taken.

Very very distressing to read posts like this. My best to all you folks.

I think I found it, the following florida statute says we can suspend rights of members for "a reasonable time".How long is that,until they pay? It looks like we will have to go thought our "enforcement" chapter.
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. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed
Barbara

Barbara,

Also after rereading your original post, the delinquencies are not fineable issues, therefore, you are looking at this incorrectly. Yes, letters should be sent, stateing that dues are in arrears but you cannot fine them daily for being in noncompliance. But YES, they lose their voting rights if in arrears for 90 days and with proper notification.

you said-"They have violated the bylaws by not paying the HOA fees. They were never sent any violation letters,do they still have their voting rights? "
Barbara

There you go my friend, you got it right. The letters are notice but you must send out 2 and give them 90 days. DO putit-(loss of rights) in the documents but it needs to go thru an amendment by the members.

Barbara,

RIGHT ON