Can a member with unpaid dues vote in the general assembly?

Many associations assume the law automatically suspends the vote of members in arrears. Government Ordinance no. 26/2000 says nothing about it, so everything is decided in the statute.

Short answer

It depends entirely on what the statute of the association provides.
Government Ordinance no. 26/2000 does not condition the right to vote on paying dues.
The clause "only members with dues paid up to date may vote" is common in statutes and is valid if expressly provided.
If the statute provides nothing, a member in arrears remains a member with voting rights.
The amount of the dues, the member register and exclusion are also set by the statute, not by law.

What the law says

Art. 21 para. (1) of Government Ordinance no. 26/2000: the general assembly is the governing body, made up of all the associates.
Art. 21 para. (5): the rules on organising and running the general assembly are set in the statute.
Art. 21 para. (4): the general assembly meets at least once a year.
Art. 21 para. (2): the general assembly approves the budget and the balance sheet, elects and removes the board and the auditors, amends the statute and decides dissolution.
Art. 22: an associate with a personal interest in a matter put to the vote does not take part in the deliberation or the vote, otherwise being liable for damages.
Art. 23 para. (1): decisions taken within the law, the founding act and the statute are binding also on those absent or who voted against.
Art. 23 paras. (2)–(3): the decision may be challenged within 15 days at the local court, by an associate who was absent or voted against and asked for it to be minuted; it is heard in chambers, and the ruling is subject only to appeal.
Art. 46 para. (1) letter a): the income of the association comes, among others, from member dues.
Member data is personal data and falls under Regulation (EU) 2016/679 (GDPR).

Practical examples

An association with 180 members and dues of 120 lei a year has a statute requiring dues paid up to date: at the March assembly only the 143 members without arrears vote.
An association whose statute says nothing about dues cannot refuse the vote of a member in arrears, even after two unpaid years.
A member refused the vote with no statutory basis asks for it to be minuted and can challenge the decision within 15 days.

Common mistakes

The "law" is invoked to suspend the vote, although Government Ordinance no. 26/2000 provides nothing of the sort.
The statute requires dues paid up to date, but the organisation has no up-to-date member register and cannot prove who is in arrears.
The attendance list and the voting result are not minuted, making the decision easy to challenge.
A member is excluded for non-payment without following the procedure set in the statute.
A vote is taken on a matter where an associate has a personal interest, without excluding them from the vote.

How 4ong helps

Keeps the member register with the joining date, the member category and the dues status.
Tracks dues as they fall due and shows exactly the list of members with dues paid up to date before the general assembly.
Generates the attendance and voting lists for the general assembly, based on the rule in your statute.
Sends payment reminders by email, with the collection history for each member.
Access to member data is role-based, which helps with GDPR compliance.