Outside renovation. One owner disagrees, never paid assessment. Can owner still vote?

[PixelRogue]

What is the name of your state (only U.S. law)? PA

Outside renovation. One owner disagrees, never paid assessment. Can owner still vote? That is to say if the owner refuses to pay the assessment, does that owner still have the right to a vote? The situation is heading to court, while at the same time the member continues to weigh in on decisions, opinions etc.

If there is no paid assessment, then that would place the owner in non-compliance, with the thought there would be no right or entitlement to voting privileges until assessment is paid-in-full. Owner would have rights to decide on the routine maintenance decisions given the monthly dues are paid.

TIA for any insight.

-pr

 

[FlyingRon]

The association (or whoever cares) should bring the association rules and by-laws and any history on the assessment to a lawyer to see what is possible. By some rules you need to be current to vote, in others not.

 

[OK-LL]

You didn't specify whether this is a condominium or housing development. If condo, PA has a uniform condominium act which you should review, as well as the governing documents for the HOA to determine whether voting rights are restricted when owner is in default on assessments. If neither provides for this sanction, it likely cannot be made up out of whole cloth now. If you don't find it in either source, you should consult an attorney to determine whether case law has been determined that would provide that if the law/rule is silent on the issue, the HOA can enforce such a resolution (again, unlikely).

 

[PixelRogue]

Condo

We are a small development (6 units), styled as town homes and legally defined as a "condo."

On a related note, we have been using an older set of condo-bylaws; likely the originals that have been passed from one owner to the next. Any clarification in terms of how our local by-laws are, or are not, affected by the uniform condo association act? We have noted language in the act stating that the condo association act would not supersede governing local by-laws. A case has been made that our by-laws no longer matter and have been superseded by the PA Uniform Condo Association Act...and our association must adopt the PA Uniform Condo Association Act.

 

[PixelRogue]

We are a small development (6 units), styled as town homes and legally defined as a "condo."

On a related note, we have been using an older set of condo-bylaws; likely the originals that have been passed from one owner to the next. Any clarification in terms of how our local by-laws are, or are not, affected by the uniform condo association act? We have noted language in the act stating that the condo association act would not supersede governing local by-laws. A case has been made that our by-laws no longer matter and have been superseded by the PA Uniform Condo Association Act...and our association must adopt the PA Uniform Condo Association Act.

Not locating anything in local by-laws, nor PA Uniform Condo Association Act specifically referencing non-compliance of payment and association voting rights. Logic seems pretty cut and dry personally, where one would need to be in current in payment and/or have assessment paid to have a vote.

http://www.parealtor.org/clientuploads/Legal/Statutes/UniformCondominiumAct.pdf

 

[Zigner]

Not locating anything in local by-laws, nor PA Uniform Condo Association Act specifically referencing non-compliance of payment and association voting rights. Logic seems pretty cut and dry personally, where one would need to be in current in payment and/or have assessment paid to have a vote.

http://www.parealtor.org/clientuploads/Legal/Statutes/UniformCondominiumAct.pdf

On the other side of the coin...one doesn't have to be current on their taxes in order to vote. Just sayin'

 

[PixelRogue]

On the other side of the coin...one doesn't have to be current on their taxes in order to vote. Just sayin'

Yes, thought of this very analogy when thinking through how this topic will be discussed w/the other members. That said, real estate ownership and being an American citizen are completely different species from one another (and one does not need to own real estate to vote). The hardest part to come to grips with (outside of our disfunction's) is the reverse, having an expectation of having a vote while refusing to pay the assessment.

Any closer analogies?
- Can't play the hand w/o paying the ante.

 

[Zigner]

Yes, thought of this very analogy when thinking through how this topic will be discussed w/the other members. That said, real estate ownership and being an American citizen are completely different species from one another. The hardest part to come to grips with (outside of our disfunction's) is the reverse, having an expectation of having a vote while refusing to pay the assessment.

Any closer analogies?
- Can't play the hand w/o paying the ante.

That is a DIRECT analogy. Barring a specific defined reason that the person can't vote...he can vote.