BANKRUPTCY VOTING RIGHTS
QUESTION: Would taking away the voting rights of a delinquent homeowner who has filed bankruptcy be a violation of the automatic stay? This homeowner is currently in an accepted payment plan with the HOA.
ANSWER: Your question is a little unclear. If the owner is currently in bankruptcy, you cannot suspend his voting rights. If the owner is out of bankruptcy but delinquent in his payment plan, the association can suspend his voting rights. Your board should run this by legal counsel before taking any action.
Adrian J. Adams, Esq.
ADAMS & KESSLER LLP