Suspending Voting Rights

If authorized by an association’s bylaws or CC&Rs, an owner’s voting rights may be suspended consistent with Section 5855 the Davis-Stirling Act and California Corporation Code Sections 7341, 7141(d) and 7341(d). To schedule a hearing to suspend a member’s voting rights, owners must be given a 15 day notice instead of the standard 10 day notice. Voting rights should not be suspended based upon the violation of an operating rule. Note that the suspension of an owner’s voting rights is likely to change the quorum requirements for holding membership meetings and approving certain ballot issues. To make this determination, the bylaws must be consulted. The most common reason for suspending a member’s voting rights is that they are delinquent in paying assessments.

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