HOA board elections
We are having elections for our HOA board, four seats up for grabs of a five seat board. I hold the fifth seat as secretary. Two years left on a three year commitment. We just recieved the vote ballot and it states anyone who isn’t current with their dues are ineligible to vote in the election. There is nothing in our CCR, ammendments and, bylaws that state that anyone who is not current on dues cannot vote. Can they do this if it isnt in writing?
We had a failed assessment vote last March. They tried to toss out all no votes on the “not current on dues” clause in an attempt to swing the vote to yes. That as well isn’t stated anywhere in the CCR, ammendment and, bylaws so, the no votes stood.
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Mike,
The association has no power to do this unless it is contained in the governing documents. While most have such a provision in their CC&R’s and Bylaws for some this may be specified only in the bylaws. For those later cases, it would depend on the specific language of the CC&R’s for such a provision to be valid and legal.
This requirement is common for all of these communities, some also add the requirement to have no outstanding violations.
Dennis
Thank you. It’s been corrected! One minor scrimmage in an ongoing battle!