Definition. "Good Standing' is not defined in the Davis-Stirling Act but is generally understood to mean a member who is current in the payment of their assessments, fees and fines and not in violation of the governing documents. Members not in good standing are those who are:
- Not current in the payment of his/her assessments (both regular and special),
- Have not paid any outstaning fees or fines, and/or
- Not in compliance with the CC&Rs, Rules, or Architectural Guidelines.
Due process must be followed when determining a member is "Not in Good Standing."
Candidate/Director Qualifications. While there is is nothing in the Davis-Stirling Act or the Corporations Code requiring member directors or nominees to the Board to be in "Good Standing" to serve on the board, it is a reasonable requirement and is often adopted as a director qualification.
Governing Documents. To require sitting directors or nominees to the Board to be in "Good Standing," both the definition of "Good Standing" and the qualification must be included in the association's governing documents. The definition can be found in the CC&Rs, Bylaws, General Rules, and/or Election Rules. The qualification that a director or nominee for the board be in "Good Standing" should be in either the Bylaws. or the Election Rules, or both.
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