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Voting ineligibility

We just had a vote on a special assessment in our condo complex.
Our vote seemingly was not counted as we had an outstanding fine for a political flag. This was just announced at the meeting via zoom the day the result was announced.
Our bylaws allows this but we were never notified ahead of time that our vote would not count unless we paid the fine and as far as I know has never happened before. The vote assessment passed with just 2 votes., and some homeowners that did not vote were called up the day of the count, days after the final day for sending in the vote. The votes were also counted in private not in front of homeowners.
What is the law in this. Can they deny your vote without first notifying you.
Thank you
Bente Hewitt

2 Responses

  1. benteh

    Hi Dennis
    This is what our Bylaws say regarding ineligable to vote.
    Section 4.3 Good Standing. I f a Member otherwise entitled to vote is delinquent in the payment o f periodic or special Assessments, fmes, penalties, interest, late charges, transfer fees, refinance fees, costs ofcollection, lien fees, attorneys’ fees or other monies owed to the Association or is not in compliance with the tenns of the Association’s Governing Documents, the Bylaws or the Rules and Regulations ofthe Association, the Board ofDirectors may, in its sole discretion, certify that such Member is not in good standing and such Member’s right to vote shall be suspended until the delinquency, breach or violation is paid in full, cured or corrected.

    What exactly does certify that such member is not in good standing mean?
    Thanks again

  2. dennisl

    Bente,

    Your bylaws allow the association the ability to deny you your fundamental right to vote on any community issue, including amendments or board elections. It is for associations like this that create these type of broad based excuses for denying homeowners the right to vote on issues in their own communities, that i drafted my open meeting and voting bill that would limit an associations ability to deny any homeowners right to vote to only failure to pay assessments when due. An association can fabricate a violation against an individual that opposes their actions to prevent that person from voting and running for office. They can then also disqualify any individual they want who signs a petition to recall the board.

    Dennis

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