Rules Violations & Delinquencies. There is nothing in the Davis-Stirling Act requiring directors to be in good standing to serve on the board. Delinquent directors can have their voting privileges suspended for membership elections but not their voting rights as a board member unless provided for in the governing documents.

Censure of Director. If the governing documents do not allow for removal of a director not in good standing, the board could, nonetheless, censure the director for the bad example he/she sets for the community.

Candidate Campaign Issue. Candidates for election to the board can be delinquent in the payment of their assessments and in violation of the rules unless there is a provision in the bylaws stating otherwise. If the bylaws do not disqualify such candidates from serving on the board, the candidate's delinquency and/or noncompliance with the CC&Rs can, nonetheless, be a campaign issue in the election.

Adding Qualifications. Associations can amend their bylaws to add director qualifications to provide for board removal of a director not in good standing. If bylaws are deficient in this area, directors not in good standing can always be removed by the membership. However, if the governing documents call for cumulative voting, that will be very difficult. If bylaws are amended to add director qualifications, cumulative voting should be eliminated at the same time.

ASSISTANCE: For assistance amending your documents, contact us for a quote.