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Can a member renting a basement apartment serve on the HOA board?

Can a member renting a basement apartment serve on the HOA board?

Q: What does it mean to be a member in good standing in an HOA?

A member in good standing generally refers to a property owner who complies with all HOA rules and regulations, including timely payment of dues and adherence to property use restrictions. If a member violates these rules, they may lose their good standing status, affecting their eligibility for board positions.

Q: What are the consequences of violating HOA rules?

Violating HOA rules can lead to various consequences, including fines, legal action, or loss of privileges such as voting or serving on the board. If a violation is not corrected, it may also impact a member's standing within the association, as outlined in the HOA bylaws.

Q: Can a board member be removed for not complying with HOA rules?

Yes, a board member can be removed for failing to comply with HOA rules, especially if their actions violate the association's bylaws. The specific process for removal should be detailed in the HOA governing documents, which typically outline grounds for removal and the procedures to follow.

Full question:

We are a single family home H O A in Forsyth Co. GA. If a member is found to be renting a basement apartment. Can that member be eligible to be on the board of directors?Or restrictions state property can only be used as a ' single family dwelling' and if proxy votes were the only way this member is trying to join the board--- Doesn't the proxy votes be verified by the existing board as their duty. Detail answer please. Thank you-

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Georgia

Answer:

The answer depends on the specific facts, particularly the HOA bylaws regarding eligibility and whether the violation was made knowingly. If the bylaws state that a board member must be a member in good standing, then an uncorrected violation may render the person ineligible.

According to Georgia law, every lot owner and those entitled to occupy a lot must comply with the provisions of the property owners' association instrument. Noncompliance can lead to legal action by the association or aggrieved lot owners (Ga. Code Ann. § 44-3-223).

If the bylaws require board members to be lot owners, this includes any individuals associated with a lot owner. If a person loses their affiliation with the lot owner, they may disqualify themselves from serving on the board (Ga. Code Ann. § 44-3-229).

Additionally, the existing board has a duty to verify proxy votes as part of their responsibilities.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a tenant in a basement apartment vote in HOA elections?

Typically, only property owners can vote in HOA elections. If the tenant does not own the property, they would not have voting rights. However, the property owner may designate a proxy to vote on their behalf. It's essential to check the HOA bylaws for specific provisions regarding voting rights and proxy designations.