Delinquent Owners. The bylaws may provide for the manner of suspending members, consistent with the requirements
of Section 7341.
(
Corp. Code §7151(d)). Section 7341 requires the use of
due process. (
Corp. Code §7341). If suspension of a delinquent owner's voting rights is provided for in the bylaws or CC&Rs, the suspension can be done without a hearing if the facts are undisputed.
Cason v. Glass Bottle Blowers (1951) 37 Cal.2d 134.
Notice of Suspension. Notice of the suspension and the deadline for payment should be given to delinquent owners so they have an opportunity to bring their accounts current and regain their right to vote.
Hearings. Even though governing documents may allow for automatic suspension of voting rights, holding hearings may encourage earlier payment of delinquent amounts.
Approval Requirements. Suspending the voting rights of delinquent owners will impact the
approval requirements on various issues. Members whose voting rights have been suspended still have the right to
attend meetings.