Provisions of an association’s bylaws may contain provisions that purport to allow an association’s board of directors to suspend a member’s voting rights as a form of discipline (e.g., in response to the member’s assessment delinquency or violation of the governing documents). However, due to the language of Civil Code Section 5105 (regarding the election rules that an association is legally required to adopt), associations are not able to deny a ballot to a member “for any reason other than not being a member at the time when ballots are distributed.” (Civ. Code § 5105(g)(1).)
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Related Statutes
- Corporations Code Section 7512. Quorum at Meeting of Members.
- Corporations Code Section 7341. Suspension of Membership Rights.
- Corporations Code Section 7151. Bylaw Provisions.
- Civil Code Section 5855. Disciplinary Measures; Notice of Hearing; Notice of Decision.
- Civil Code Section 5105. Election Rules Required.