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My husband and I own a condo in a small 9 unit community.

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My husband and I...

My husband and I own a condo in a small 9 unit community. The HOA Board of Directors hasn’t changed in years and the board loosely enforces the by laws. As new owners, we asked the question at a HOA meeting regarding when was the last election? The answer from the board was that the community hasn’t had an election in years (per the bylaws should occur every three years). Fast forward 6 months…An election was held and the results reported at the annual meeting on December 14, 2017.The management company reported at the beginning of the annual meeting that all unit owners were in ‘good standing’ and entitled to vote and/or run for a board position.I had my doubts with regard to the management company reporting accurate info so prior to the annual meeting I requested a mid-month. In reviewing the report, it appeared on the paper report that all unit owners were in ‘good standing.’ As I reviewed the report, I noticed that a unit owner and board member that had been ‘delinquent’ every month in 2017 and has a history of delinquency presented a paper check on December 8, 2017. I had my doubts. Fast forward 1 month... When I compared the mid-month report with the end of year financial report received on January 6, 2018 the paper check 'receipt of funds' entry was removed from the report and an EFT payment listed as received on December 14, 2017 was listed as a ‘prepaid liability.’I sent an email to the HOA Treasurer and management company asking for clarification as to what happened to the ‘receipt of funds’ received on December 8? The response I received was that a ‘good faith’ payment was received on December 8 and accepted in lieu of the unit owner’s scheduled EFT payment on December 14. The paper check was returned to the unit owner when his EFT payment was received. The ‘good faith’ payment put the unit owner in ‘good standing’ to vote and run for a board position.' Per the by laws an owner is in 'good standing' when all fees and assessments are paid in full three days prior to the annual meeting.My question:Based on the information provided above, was the unit owner entitled to vote and/or run for a board position based on receipt of a ‘good faith’ check?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Rhode Island

Lawyer's Assistant: Has anything been filed or reported?

To whom... the State of RI?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing at this point

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/12/2018
Lawyer: INFOLAWYER, Attorney replied 4 months ago
INFOLAWYER
INFOLAWYER, Attorney
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Satisfied Customers: 62,888
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no basis to reject the candidacy.A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.If needed, court action be filed for declaratory relief.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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