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Question/Answer by John H. Gettinger, Esq.

Question:

Can we void votes for members with unpaid fines? Do infractions need to be listed in our association documents?

Answer:

You will need to review your association's by-laws. If the by-laws provide that a member must be in good standing in order to vote, then a member who is delinquent in the payment of common charges, assessments, fines or penalties would not be in good standing and, as such, would not be entitled to vote on any matter which comes before a meeting of the members.

Yes, infractions need to be listed in your association documents. The by-laws and the rules and regulations set forth conduct which is prohibited. Moreover, the board typically is empowered to adopt new rules and to modify existing rules covering the details of the operation and use of the property.

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