50. When a homeowner in our HOA has not paid their assessment we considered them NOT in good standing – can they still vote at the Annual Meeting?

WV Code §31E does not allow for disenfranchising a member (i.e., not allowing them to vote). State laws supersede the HOA’s governing documents. This issue has not been addressed by the WV Supreme Court and it was suggested that to be safe not to disenfranchise members of your HOA. It was also suggested that your bylaws require all Board members and officers to be in good standing.  Note that WV Code 31E implies that unincorporated organizations also must follow the code.

§31E-7-721. Members’ voting rights.
(a) Unless the articles of incorporation provide otherwise, each member, regardless of class, is entitled to one vote on each matter voted on at a meeting of members. Voting rights of members of any class may be increased, limited or denied by the articles of incorporation.

(b) Members otherwise entitled to vote, but disqualified from voting for any reason, may not be considered for the purpose of a quorum or of computing the voting power of the corporation or of members of any class.

(c) A corporate member’s vote may be cast by the president of the member corporation or by any other officer of the corporation in the absence of express notice of the designation of some other person by the board of directors or bylaws of the member corporation.