Voting for Board - Denying Delinquent Homeowners

AndraL: You are noting many concerns over 'how' your Board is running things, and whether they can do what they are doing. Namely, for this post, can they restrict a homeowner to run for the Board who is in violation of not paying their fees on time...or what if they are 'one day' late?

The official answer is in your documents which may state that a 'member of the association must be in good standing' which means the unit owner must be current on all fees and dues, and not in violation. The common sense approach is, of course, the nominated Board member would have to be in good standing, since this member has chosen to serve to hold a position of authority. Therefore, he should be held to all the covenant dictates and rules anyone else is, and his actions should reflect that he is a responsible association member. I commend your current Board for being vigilant in ensuring that those nominated are presently fulfilling their member responsibilities of paid dues/fees.

Regarding your other concerns over whether the Board can change the covenants, it would depend on what part of the covenant you are referring to. Normally, the Declaration will dictate what percentage of all owners is necessary to pass an amendment; same with Bylaws, though the percentage is usually lower. Rules and Regulations can be issued by the Board but they are not to change the intent of the legal documents--however, they can expand or clarify.

Good News...It's still 2007!!! And, if one is serious about running for the Board, there are still 6 days left for them to assume their responsibility and pay the fee/s which are owed. If YOU are interested, then do your homework by reading your assn's docs, review the State's docs, and express your serious intent to be of service. Good Luck to You.

Hi PaulM,

Thanks for the response. Fortunately, I make sure I am always paid up a year in advance. I hate to write checks so I always pay two years at a time. My real concern is the "must be paid by January 1" to run. The election is not until February 15th and I think they would need to let people know they are not paid up, so they could have a chance to resolve the issue so they could run for the board or vote. I agree that there are some people who refuse to pay dues and I also wouln't want someone to be on the board who has no respect for the process. My real concern is that they are trying to prevent as many homeowners voting as possible because they know they will lose the election. What I did not mention in my previous email is that I toook a petition around the neighborhood asking for a recall and forced board election. 120 out of 184 homeowners signed the petition, I was unable to make contact with 42 of the homeowners or I am sure the numbers would have been higher. The board has put in a newsletter that they are ignoring the petition because they believe the homeowners received incorrect information during the petition signing process, and they foumd my requests for time to have people apply for the positions, and submit position statements confusing. They have not had a board election in three years and they appointed the last two board members themselves. They did announce they are going to hold an election in February even though they are ignoring the petition. I guess this let's them save face, but I think they are trying to find ways to keep people from voting them out.

Our current By-Laws and covenants state that a 2/3 majority is needed to make a change to the existing documents. Our BOD is making changes by calling them a ruling, and deciding them in their privately held board meetings.

Here is a quote from our minutes of the August Homeowner's meeting. This statement did not occur in the meeting, they used the minutes as a forun to explain their viewpoint:

1. PARKING: Mr. Sanchez explained the Board of Directors decision to enforce the By-laws, particularly on street parking overnight. He explained that the recent newsletter had created considerable turmoil among some residents and this meeting was being held to hear their voices. It was
pointed out by one homeowner that her By-laws did not bar overnight parking by cars, but only 3/4 ton vehicles. Mr. Sanchez pointed out that at the last Board meeting, after much discussion, the Board had interpreted this clause as being any 1500 pound vehicle.

Secretary’s note of explanation: It made no sense to the Board in our upscale residential community, to apply the 3/4 ton by-laws only to a 3/4 ton truck, especially when zones 6 and 7 cited that no vehicle shall be parked on the streets or driveways overnight. In most upscale communities, large trucks are barred except for construction or repair of homes. It was the unanimous consensus of the Board that this by-law was meant to apply to any vehicle weighting more than 1500 pounds.

********************

They do not care about the correct way to make changes. Two of the board have a pet peeve about cars parking on the street and they are doing everything they can do to prevent homeowners from parking on the street by scaring them with fining letters, while our governing documents do not have any mention of the HOA's ability to fine, along with the appropriate method to resolve a complaint before the fine can be issued. Our HOA documents are from 1990, before fining and complaint resolutions were included in most governing documents.

I have also read the Texas State statutes preventing HOA's from removing the voting rights of Homeowners for delinquent dues or fines. It is in Property Codes Section 209. But it is applicable to a subdivision in a county of more than 2.8 million which is Harris County only. Therefore, our subdivision does not qualify for that protection.

I have found 3 other homeowners to run for board positions. Everyone I have asked to run work in professional positions, but more importantly they are level headed and used to working with others in resolving complicated issues.

Thanks,

Andra

Andrea,

Rules and Regulations can be passed by the Board as long as they don't conflict with Federal, State, convenants, bylaws or other association documents.

Bylaws should always be non-ambiguous - the 1500 ton issue has been interpreted by your Board. If the Membership disagrees, they can overturn any decision of the Board. Insist that the bylaw be amended for clarification.

Depending on what your documents say about membership voting (ie. owner-members, voting members, or members in good standing needed for elections and passing motions) taking away voting rights may not be done by a board ruling, simply because of past due issues UNLESS it is stated in the bylaws or other documents.
Check your documents as to what "status" is needed for voting.

You said they "decided" to hold an election in February. Do your documents (bylaws) say that? Why is the board "deciding" the time for elections?

AndraL,
I would like to know why you are so concerned about a rule on parking when the issue of importance is they have dais they refuse to accept your position for a special meeting to recall the Board.

Whaty did you state in your petition to call a special meeting? If you have the votes required to call a special meeting and you have followed the documents then the Board has no authority to keep you from having your meeting and if I was you and I was sure your petition is right amd the Board has publicaly written they will ignore your request, The first thing to try is to go to your legal aid society and see if you can get them to send a registered letter to the board. Take their advice on how to do this. If they won't do it, go to your local city council members and run it bny them, and if that don't work I would request donation from your supporters to forve them to hold the meeting. Also, select some fouyr or five of your supporters to request a meeting with the President of the Board (exclude yourselve). Tape the meeting and make an official request for him to call the meeting.

Hi GeraldT4,

I think the word tonnage is what is being interpreted incorrectly. Our cc&r's state

Vehicle with a tonnage greater than 3/4 ton can not park in the street or driveway overnight. In Black's legal dictionary, the term tonnage means the freight or cargo carrying capacity of a commercial truck or ship. Based upon that definition and the comments of long-time homeowners that knew the developer, the intention was to prevent 1 ton or larger pick-up trucks from parking on the street or front driveway. Since we live in Texas, pick-up trucks are expected, but anything over 3/4 ton is considered a commercial vehicle.

I have a problem with them defining tonnage as the weight of a vehicle when it does not mean that.

I believe we should all pay our dues, but the homeowners should be able to pay their delinquent dues and vote. If they make the register as of January 1st, and do not amend it to let people vote then I have an issue with their actions. I have not given you a complete list of all the actions this board has done to make everyone unhappy. I would write pages here.

Our board has become totalitarian in the space of a few months. All because they themselves "removed" the one board member, who kept explaining the actions they wanted to pursue were not in our covenants. They then self-appointed a new board member that wanted the same parking restrictions that they wanted to implement.

I have an issue with their professionalism, and fiduciary responsibilty. They have not paid for liability insurance, D&O insurance, they do not answer emails from homeowners, and I don't think we have filed income taxes. Instead they placed a 4k fountain on a homeowner's PRIVATE PROPERTY and replaced the back fencing of homeowners for 8k. The fencing faced the street so they wanted it to look uniform. They neglected to tell the homeowners and they came home ot brand new fences. Our small subdivision of 184 homes has 3 grass circles and a strip of grass at the front entry to maintain. I have an issue with a board that spends money on homeowner's private property and does not spend the neccessary money to protect us with insurance.

Sorry for the rant. I just get frustrated at trying to work with these people.

Thanks

Andra

MicheleD - AndraL is saying that the homeowner who are delinquent AND then pay up becoming current should be able to vote. She is not saying that delinquent homeowners should be able to vote.

Do your documents specify when someone is delinquent? State law in Ohio gives us the right to suspend the voting rights of anyone 30 days in arrears; if they are paid up at the time of the election they have the right to vote.

Gerald, I THINK I understand that, but if they were not current when the ballots were mailed, then they couldn't vote if we wanted them to. Only people who are current as of the required date of the notice (and the ballot mailing is considered a notice).

Anyway, once a person pays, they get moved to the "good standing" category and then should be eligible for any FUTURE mailings, notices, votes.

However, unless there are a ton of people he plans on using as votes to get himself and any other like minded future board members in office, I still say it's a good idea to move past that, since it's not as huge a mis-step, as some of the OTHER things which they CAN be nailed on.