Quorum issue - Board members with unpaid dues

[Guest Kat Parr]

Our annual HOA meeting is coming up next month (July 9). As of now, only two out of nine Board members are fully paid in their dues.

A group of us (as fully paid members) want to challenge them on this lapse because as a whole this Board has a pattern of applying the rules differently for themselves than for mere mortals like us.

Suggestions on a good method to proceed to make this point would be appreciated. Can we demand that the property manager show us proof that these Board members have paid up? The Board has access to proof that WE have paid, so it only seems fair that we be able to see some proof in return.

For the Annual Meeting, quorum requirements in our Bylaws are "five members of the Board plus 15 members of good standing". We will have plenty of members there (nearly all of them PO-ed). Also under our Bylaws, to run for the Board, one must be a member of good standing. Although the Bylaws are silent on this point, it seems to me that to be an active Board member (and eligible to vote and otherwise participate) one should also have to be a member in good standing. Please let me know if I am missing something.

[George Mervosh]

On 6/30/2022 at 1:26 PM, Guest Kat Parr said:

Our annual HOA meeting is coming up next month (July 9). As of now, only two out of nine Board members are fully paid in their dues.

A group of us (as fully paid members) want to challenge them on this lapse because as a whole this Board has a pattern of applying the rules differently for themselves than for mere mortals like us.

Suggestions on a good method to proceed to make this point would be appreciated. Can we demand that the property manager show us proof that these Board members have paid up? The Board has access to proof that WE have paid, so it only seems fair that we be able to see some proof in return.

For the Annual Meeting, quorum requirements in our Bylaws are "five members of the Board plus 15 members of good standing". We will have plenty of members there (nearly all of them PO-ed). Also under our Bylaws, to run for the Board, one must be a member of good standing. Although the Bylaws are silent on this point, it seems to me that to be an active Board member (and eligible to vote and otherwise participate) one should also have to be a member in good standing. Please let me know if I am missing something.

Let's start with this - Do your bylaws define "in good standing" or provide that members are automatically dropped from the membership rolls if their dues are not paid by a certain time?

This is RONR's definition of a member in good standing:

"Members in good standing are those whose rights as members of the assembly are not under suspension as a consequence of disciplinary proceedings or by operation of some specific provision in the bylaws. A member may thus be in good standing even if in arrears in payment of dues (see 45:1, 56:19). If only some of an individual's rights as a member of the assembly are under suspension (for example, the rights to make motions and speak in debate), other rights of assembly membership may still be exercised (for example, the rights to attend meetings and vote)."  RONR (12th ed.), 1:13 n3 (emphasis supplied by me).

 

[Guest Kat Parr]

The HOA's Bylaws read thus: "Member in good standing (dues paid, absence of unpaid fines or liens) have [sic] full privileges including voting, access to all roads and amenities." (Just for the record, there are no amenities.)

 

[George Mervosh]

On 6/30/2022 at 2:46 PM, Guest Kat Parr said:

The HOA's Bylaws read thus: "Member in good standing (dues paid, absence of unpaid fines or liens) have [sic] full privileges including voting, access to all roads and amenities." (Just for the record, there are no amenities.)

 

So this parenthetical material is actually written in the bylaws?  

[Richard Brown]

Members might note that Guest Kat has two almost identical threads going at the same time in this forum regarding this issue.

Edited to add:  The other thread is titled simply “removing board members“, but it is based on the same exact facts.

Edited July 5, 2022 at 09:26 PM by Richard Brown
Added last paragraph