Being in Good Standing - HOA bylaws

[Lauriemcg]

I would like your opinions on this matter.

 

We have and HOA, the Bylaws will state that to be on the Board, or on a Committee you must be in Good Standing.

 

We had used that term thusly:

 

“Good Standing” shall mean a Member who is current in the payment of their assessments and not in violation of the Governing documents. Violation of Governing documents as determined by the Governing body responsible for such matters, until such time as the matter is resolved or appealed."

 

Because we are allowing for Member Representatives (required Power of Attorney stating limited power to act for Member in matters regarding the HOA - several homes have parents living in them where the child is the owner living elsewhere, and they desire their parents to participate for them in the HOA), we are considering change that requirement to indicate that the LOT must be "in good standing" so that the new definition would be thus:

 

“Good Standing” shall mean a Lot that is current in the payment of their assessments and not in violation of the Governing documents. Violation of Governing documents as determined by the Governing body responsible for such matters, until such time as the matter is resolved or appealed."

 

One member has suggested that Lots can make payments... rather members do.

 

Are we adding an level on clarity to our definition by changing it?  Again, we want to make sure the Member or the Member Representative is in Good Standing basically...

 

Thanks for your thoughts.

Laurie

[Gary Novosielski]

It's best to say what you mean.  If you mean that Member Representatives are only empowered to act on matters that the Member would be permitted to act, then say so.  But I'd be surprised if that was not the default case anyway.  

 

I am not a lawyer, nor do I play one on the Internet.  My layman's understanding of power of attorney suggests that I can't authorize someone else acting on my behalf to do something I'm not empowered to do myself.  An actual lawyer can tell you if that's correct.

[Edgar Guest]

 . . . we are considering change that requirement to indicate that the LOT must be "in good standing" . . . 

 

Keep in mind that while membership in the association may be "by lot", membership on boards and committees will almost surely be "by person".

[Lauriemcg]

Thanks, we did sit down and took a look at the wording and what we intend and shifted back to Member rather then Lot. 

 

It's best to say what you mean.  If you mean that Member Representatives are only empowered to act on matters that the Member would be permitted to act, then say so.  But I'd be surprised if that was not the default case anyway.  

 

I am not a lawyer, nor do I play one on the Internet.  My layman's understanding of power of attorney suggests that I can't authorize someone else acting on my behalf to do something I'm not empowered to do myself.  An actual lawyer can tell you if that's correct.

 

I agree it is best to say what you mean - sometimes that gets lost in trying to wordsmith to tightly I think.  A fresh perspective is always helpful.

 

Thanks