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AnnieB (Washington)
Posts: 12
Posted:
These words appear in our declarations, saying a member not in good standing is not eligible for voting at the annual meeting. We have been assuming that this means homeowners who are not paid up in dues and assessments. Any comments?
Thank you!
MicheleD (Kentucky)
Posts: 4,491
Posted:
In our HOA a member not in good standing is one or both of the following:

1) Not current on assessments

2) Has an outstanding or uncured covenant violation.
DennisT (Ohio)
Posts: 109
Posted:
Check your docs and state law. Ours were similar to Michele's, however in either case our documents required that prior to undertaking any enforcement action the board had to give the owner written notice stating that failure to comply (pay up/cure violation) may result in enforcement action. Further, the owner had to be given the opportunity to attend a hearing on the matter. Whether they decided to show up or not didn't matter.

We also had to reconcile our docs with state law. Our docs said that anybody more than two weeks late was considered delinquent for the purposes of late fees and interest charges. Ohio law allows for privilege/voting suspension but requires a 30 day period. The law does allow the documents to control but since our documents were silent with respect to suspending voting privileges we had to abide by the 30 day limit.
JimW8 (California)
Posts: 14
Posted:
yes you are correct- when we have members not paying we shut down the automatic doors and all comon area ites of uses. we have alot of items through an electronic card system and that way, if no pay - no way for gym - no way for tennis court - hot tub, barbeques and fines are levy at a rate of 25.00 a week - it can get expesive especially when the lawyer sends a letter- home owner of not paying pays for hoa attorney action and such as letters

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