Get 1 year of free community web site hosting from Community123.com!
Sunday, July 12, 2020











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Voting rights.....
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JanetS
(Arizona)

Posts:14


01/12/2006 5:49 AM  
The Board of Directors, recently passed a vote on obtaining a large loan for improving and upgrading our complex. My question is this, they allowed ALL homeowners to vote, even the ones that are deliquent in their payments. Our documents say they cannot vote, but the board says they can?.....Under if any, what conditions can a homeowner vote, if the documents say they cannot? This vote would not have passed if they did NOT allow delinquent homeowners to vote.

Also, if a loan goes into default, can the financial institution put liens on all the units as well as the HOA monthly income?

Janet
SamuelB
(North Carolina)

Posts:83


01/13/2006 5:56 AM  
Janet, if your CC&R's indicate a homeowner in arrears can not vote, they can NOT vote, period. On anything! Sounds like your Board might have their own special agenda.

I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry
SamuelB
(North Carolina)

Posts:83


01/13/2006 5:58 AM  
As for the lien, the Board has the authority to obtain a loan for the Corporation (the homeowners). If the lien goes into default, every homeowner of record is indeed liable for their portion of that debt.

I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry
CharlesW1
(Georgia)

Posts:826


08/18/2006 7:10 AM  
Janet,
I’m not 100% sure about this but I would have to say if the CC&R’s say your vote will not count if you are delinquent on your dues then it is just that. You are not eligible to vote on anything.
I would have to agree with SamuelB on this one. Its sounds like to me, that your current BOD realized that the complex was in need of some upgrades and improvements and didn't have the funds to make it happen. IMO, I would think if the loan does go into default then the bank is going to want their money from someone.
Maybe the board should reconsider what they have done to get this approval.
I don’t think that’s right!

Sorry to hear of your situation.
It has better prepared me for all that I will be confronted with as a board member though.
Thank you, great post.
Chuck W.

Charles E. Wafer Jr.
BrianB
(California)

Posts:2820


08/18/2006 3:26 PM  
you may only count the votes of those eligible to vote. don't care how many people show up, how many votes are cast, you only count those who are eligible. So honestly, you won't even need a revote, if you can distinguish who cast the inelligible vote.

On the related side of that, some bylaws (like mine) define quorums based on the eligible number of voters: so, if a quorum is 25% of the eligible number of voters in the HOA, and 12 people out of 40 are behind in their dues, and thus, not eligible to vote, the number of owners i need to pass a rule just got very small... 25% of 28 is significantly smaller than 25% of 40.
Please login to post a reply (click Member Login on the menu).



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement