Suspend Voting Rights
Adams Stirling PLC
Menu

SUSPEND VOTING RIGHTS

The most common reason for suspending someone's voting rights is because they are delinquent in the payment of assessments. Suspending voting rights serves as an inducement for members to pay their assessments. In some cases it works, in others it does not.

Due Process. An association's 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). Finally, Civil Code §5855 provides for disciplinary hearings prior to the imposition of penalties. Accordingly, prior to the suspension of a member's voting rights, associations should follow due process procedures. In addition, the notice should be sent at least 15 days prior to the hearing instead of the normal ten days. (Corp. Code §7341(d).)

Multiple Unit Suspension. If a member owns more multiple units/lots but is delinquent with only one of them, suspension of his/her voting rights would only apply to the particular unit/lot. The delinquent member retains the right to cast votes from the units/lots that are in good standing.

Quorum and Voting Changed. Suspending the voting rights of delinquent owners may impact quorum requirements for holding a membership meeting and approval requirements for ballot issues. Members whose voting rights have been suspended still have the right to attend meetings.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
 

Adams Stirling PLC