I wanted to update you on the voting rights for homeowners in bad financial standing. After consulting with our attorney Susan Pieri, she determined that no amendment to the covenants was needed because non paying “members” are already addressed in the covenants.
“Article III is Membership and Voting Rights. It includes sections 1, Membership; 2, Voting Rights; 3, Member’s Easement of Use and Enjoyment and 4, Extent of Member’s Common Easements.”
Section 4 on page 7 limits the rights and easements of use and enjoyment by making them subject to suspension if assessments are unpaid.
“The right of the Association as provided herein, by its Articles of Organization and by its By-Laws to suspend the enjoyment rights of any member for any period during which an assessment remains unpaid, and in case of any infraction of its published rules and regulations, for any period not to exceed thirty (30) days.”
This mistake was due to a misunderstanding of the legal language refering to “enjoyment rights” which does include voting. It turns out that Question 3 on the recent ballot was unnecessary. Fortunately, this error did not cost the association anything additional and the board has been abiding by the rules all along.
I apologize for any confusion this may have caused. Thank you for your understanding.
Millbrook Homeowners Association