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ThomasC12 (California)
Posts: 7
Posted:
We have several former Board Members (former via successfull recall) that are planning on running again this July. They are in violation of both CCR's and Rules and Regs. While on the Board, they did little to maintain our property values, ignoring many issues as long as their units were maintained.

It seems to present a hypocrital scenario where they could serve on the Board and then call residents to violation hearings and impose a fine! If it were me, that is something I would challenge. It seems like the system would be set up so this could not occur.

I hoping that the term "Member in good standing" would only apply to those who are in compliance with our covenants and not to those in violation, therefore making these people ineligible for elections.

Am I correct? Thanks
GlenL (Ohio)
Posts: 5,491
Posted:
Typically a person is a "member in good standing" if their assessments are paid up. You need to read the By-Laws to find out the exact qualifications.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Thomas,

In my assn, a member in good standing has paid their assessment on time and has no outstanding CCR violations. There are only two things a member who is not in good standing cannot do and that is to vote or use the amenities (of which we have none). Some bylaws may extend this to also running for a board position, but not all do.

Are you a board member? If not, how do you know these people are in violation of the CCRs? Although I believe anyone can make a mistake on occasion (i.e., forget to put their trash can in after 6PM), I also believe any chronic violator or someone who consistently pays their assessment late, or not at all, should not hold a board position.
RichardP13 (California)
Posts: 1,767
Posted:
Thomas,

Typically, you will find the suspension of the homeowners (Member) voting rights and rights to common areas in the CCR's, possibly under Powers of the Association and Membership Meeting.

Qualifications for a Board Members are typically in the Bylaws and generally found under a section call Directors. Our current Bylaws would allow a Member to run for the Board of Directors under your scenario, while our new Bylaws (waiting to be voted on) would not.

Hope this helps.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Directors for our board not only need not be members in good standing, they also don't have to be members of the association.

Of course, only members in good standing can vote or receive notices of meetings or the call for nominations.

Therefore, any non-association member or member not in good standing that is on the ballot would have to have been nominated by a member in good standing who DID receive the call for nominations.

Now, that can happen, but such an individual would not likely win a seat on the board, especially if that individual cannot even vote for him/herself.

And if these people did make it on, if they were recalled once, they could certainly be recalled again. . . AND the THIRD time they tried to run, well, it would seem most of the people who recalled them twice would remember their names and not vote for them again.

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