Is a petition a vote for a meeting?

Started by MarcW • 4 replies • 1806 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MarcW (Texas)
Posts: 11

Posted:

We have an owner in my 10-unit HOA who is behind on his dues and, therefore, not a member in good standing. He is the only owner asking for a special meeting to discuss changes in our Board (2 members stepped down); our bylaws indicate that only 1 vote is needed to call a meeting, but it also says that voting rights are suspended for owners who owe assessments. Would a petition be considered a vote for a meeting? If we call the meeting, the guy can't participate in any voting, but I don't want to deny an owner petition if they are entitled to it.

BrianB (California)
Posts: 2,820

Posted:

sounds like you must be a voting member in order to call a meeting, and this gentleman doesn't qualify. Too bad for him, but that's what you get when you steal from other members of the association.

(and before all heck breaks loose, yes, steal: as in theft. Owners who agree to pay dues upon purchase of a home, and then do not pay them are forcing the other owners to pay more for the services the HOA provides. Eventually, the HOA must increase dues of those who do pay to cover costs. In essence, people who feel they are too privileged to pay their dues take money out of the pockets of the good homeowners, and that is stealing.)

RogerB (Colorado)
Posts: 5,067

Posted:

Marc, the Board can advise the owner that his request will be considered when he becomes a member in good standing.

CharlesW1 (Georgia)
Posts: 826

Posted:

Marc,

I would totally agree with BrainB. What he has said is sad but true.

He and other delinquent homeowners may ultimately be the reason for any rise (, if and when that may come about) in assessments.
I would think that he wouldn’t be eligible to vote, or anything associated with a vote! Living in an HOA community and paying your assessments gives you the opportunity to have a say. According to your by-laws, which states that in order to vote you would need to be an individual in good standing and he clearly isn’t!

Maybe I’m wrong as well. That would be how I interpret it.

Keep us posted on your progress.

Chuck W.

Charles E. Wafer Jr.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MarcW,

IMO the owner is stealing, and may or may not a member in good standing. Was the procedure for notifying the owner of the arrear situation followed as stipulated in your by-laws and or state law?

IMO the owner has nerve with a capital N in calling a meeting to address changes with the board. I would deny the initial request but agree to have a meeting once the owner forks over the dues and re-establishes himself as a member in good standing. Assuming the board has followed protocol on membership status, or lack thereof, the owner is not entitled to anything until that is achieved.

Best of success!!
GeraldT1
NNJ

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here