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Subject: Member voting rights
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Author Messages
YvonneD2
(Oklahoma)

Posts:1


04/13/2019 1:32 PM  
I own a half acre in a developed community. I have not built on it due to husbands illness. I was informed I had to pay HOA dues even though I don't have a home on the land. I have paid all my HOA dues. They are voting on new directors and say I have no right to vote because I don't live on the property. I am a member in full standing, is it right that I can't vote.

The former directors have a law suit filed on them individually, but they raised the dues to pay for the lawsuit against them. Is this right? They all have resigned except for one...The HOA was not sued, only the directors.

I know this is two issues, but need answers.
Thank You,
Yvonne Denny
AugustinD


Posts:1498


04/13/2019 1:49 PM  
Yvonne,

-- Find the Bylaws for your HOA. Check what the Bylaws say about voting rights. If you do not have a copy, ask the HOA manager for one. If the HOA manager can't or won't help, go to the County Clerk and ask whether the Bylaws are recorded. Report back.

-- Regarding directors using HOA funds to pay for their defense in a lawsuit where they are named as individuals: Typically the HOA Declaration or Bylaws or state statute do authorize that the HOA "indemnify" individual directors for actions while in office. There are some limitations on this. Check your HOA's Declaration and Bylaws for an indemnification clause.
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