RIGHT TO VOTE
Q.
Our townhome association has a provision in the bylaws that prohibits members from voting at association elections if they are delinquent in their assessments. Is this provision legally enforceable?
A.
Yes, with one possible exception. If a delinquent member has filed for bankruptcy, any attempt to penalize the member for unpaid assessments accrued prior to the filing may be considered by the court a violation of the automatic stay. While I am not aware of a case on this point, I do not recommend that your board take such action in the event of a bankruptcy.
CONFLICTS BETWEEN DOCUMENTS
Q.
In reviewing the bylaws and CC&Rs (Covenants, Conditions and Restrictions) of our homeowner association, our board has noted several conflicts. Which document takes precedence?
A.
CC&Rs take precedence over bylaws when a conflict occurs.
ELECTION CHALLENGE
Q.
The management company for our homeowner association and our board of directors recently conducted an election of directors that did not meet the requirements of our bylaws and CC&Rs (Covenants, Conditions and Restrictions). Can an election be challenged by a group of homeowners?
A.
Yes. An action challenging the validity of an election must be brought within nine months after the election. If no such action is commenced, in the absence of fraud, the election will be presumed valid after nine months from the date of the election.
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