Membership classes and Eligibility for Board of Directors

[Russ Brown]

Our HOA has two  classes of Memberships -  providing for Voting and non-voting members.

Non voting can attend, and participate in  general meetings but have no right to vote unless they are carrying a proxy from a voting member. Given the limitations our ByLaws have placed on Non Voting Members there is a current debate as to whether or not they are eligible for nomination, and possible election to the Board. Applicable references are as below.

1.6  “Voting Member” means a member of the  Society who is in good standing and thereby has the right to vote.

a) “Non-Voting Member” means a Member of the Society who has the right to attend, and participate in Society meetings, but has no right to vote, other than by an authorized proxy.

Any advice will be appreciated.

[J. J.]

2 minutes ago, Russ Brown said:

Our HOA has two  classes of Memberships -  providing for Voting and non-voting members.

Non voting can attend, and participate in  general meetings but have no right to vote unless they are carrying a proxy from a voting member. Given the limitations our ByLaws have placed on Non Voting Members there is a current debate as to whether or not they are eligible for nomination, and possible election to the Board. Applicable references are as below.

1.6  “Voting Member” means a member of the  Society who is in good standing and thereby has the right to vote.

a) “Non-Voting Member” means a Member of the Society who has the right to attend, and participate in Society meetings, but has no right to vote, other than by an authorized proxy.

Any advice will be appreciated.

Someone who is not a member of the society may be elected to office, unless the bylaws say otherwise.  The ability to vote has nothing to do with it (pp. 447-8). 

[Josh Martin]

38 minutes ago, Russ Brown said:

Our HOA has two  classes of Memberships -  providing for Voting and non-voting members.

Non voting can attend, and participate in  general meetings but have no right to vote unless they are carrying a proxy from a voting member. Given the limitations our ByLaws have placed on Non Voting Members there is a current debate as to whether or not they are eligible for nomination, and possible election to the Board. Applicable references are as below.

1.6  “Voting Member” means a member of the  Society who is in good standing and thereby has the right to vote.

a) “Non-Voting Member” means a Member of the Society who has the right to attend, and participate in Society meetings, but has no right to vote, other than by an authorized proxy.

Any advice will be appreciated.

So far as RONR is concerned, someone may be elected to office even if he is not a member of the society at all. So these non-voting members certainly may be elected, unless there is something in your rules providing otherwise. The rules cited do not appear to say anything on this subject.

[Richard Brown]

37 minutes ago, Russ Brown said:

Our HOA has two  classes of Memberships -  providing for Voting and non-voting members.

Non voting can attend, and participate in  general meetings but have no right to vote unless they are carrying a proxy from a voting member. Given the limitations our ByLaws have placed on Non Voting Members there is a current debate as to whether or not they are eligible for nomination, and possible election to the Board. Applicable references are as below.

1.6  “Voting Member” means a member of the  Society who is in good standing and thereby has the right to vote.

a) “Non-Voting Member” means a Member of the Society who has the right to attend, and participate in Society meetings, but has no right to vote, other than by an authorized proxy.

Any advice will be appreciated.

 

32 minutes ago, J. J. said:

Someone who is not a member of the society may be elected to office, unless the bylaws say otherwise.  The ability to vote has nothing to do with it (pp. 447-8). 

Russ Brown, I agree with the answer by J.J.  Do your bylaws require that officers be members of the HOA?  (If officers are elected from among the board members, then such a rule might be in the section regarding members of the board).

If your blaws contain no such requirement, then, as far as RONR is concerned, your non-voting members may serve as board members and officers.

If your bylaws do contain such a requirement, then it will be up to your association to interpret its own bylaws to determine if non-voting members are eligible.   My own interpretation of what you have provided is that these members may indeed serve as officers, but my opinion doesn't count... and I haven't read the rest of your bylaws, either.

[Russ Brown]

Thank you....appreciated