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PatR
(Florida)

Posts:135

04/25/2008 6:51 AM
I understand that the Fl. Legislature is thinking about passing a bill to address the problem of BOD members not paying their dues. They will not be able to continue serve on the Board if late and/or not following Rules and Regs. Has anyone seen anything on this subject? Thanks Pat

DonnaS
(Tennessee)

Posts:2791

04/25/2008 7:00 AM
Pat, Florida already has Statutes that state a member NOT IN GOOD STANDING looses their ability to use the common areas and their right to vote. It doesn't matter if they are Board members or not, they lose their rights and that includes sitting on the BOD. But you are saying that this Board member is "Late" in paying their dues or just not paying them at all? Not following the Rules and Regs is a finable infraction. Is this Board member also not obeying the R.and R's? We hear rumors all of the time about what the State legislature is "thinking about". Until you see it passed or unless you are passionate about some specific issues that you want to go to Tallahassee about and lobby the boys up there, I would not give too much credability to what "they are thinking about".

PatR
(Florida)

Posts:135

04/25/2008 7:08 AM
This BOD member is always late with fees. I feel that a BOD member needs to follow all rules and regs and set an example. The economy is bad, yes, but this, in my opinion, should be treated as an "important bill", and should be among the first paid. We are thinking of disabling the gate cards of those who are in arrears, so they can not use the amenities. This will probably cause a mutiny! Pat

BradP
(Kansas)

Posts:1742

04/25/2008 7:12 AM
Posted By PatR on 04/25/2008 7:08 AM This BOD member is always late with fees. I feel that a BOD member needs to follow all rules and regs and set an example. The economy is bad, yes, but this, in my opinion, should be treated as an "important bill", and should be among the first paid. We are thinking of disabling the gate cards of those who are in arrears, so they can not use the amenities. This will probably cause a mutiny! Pat Pat: Why not...no pay, no play!

PatR
(Florida)

Posts:135

04/25/2008 7:27 AM
My biggest fear is at the gate, when the cards don't work, people tend to take their frustrations out on the gaurd.... But, we have to do something, since people take this "bill" too lightly....

DonnaS
(Tennessee)

Posts:2791

04/25/2008 8:03 AM
Pat, Why are you quoting "this bill" ? What are you referring to. I understand your frustrations as we all have to deal with this happening. But this is Florida. There steps according to the Statutes and probably your own Bylaws, that you must take before you can lock out people. You would be in worse trouble than the late fee people for not following the proper, legal procedures.

BrianB
(California)

Posts:1731

04/25/2008 8:24 AM
not in florida, but we actually had wording in MFHOA that a board member LATE in payment of his assessments was automatically removed from the board. Period. It was one of the well written and applicable rules in our HOA.

MaryA1
(Arizona)

Posts:2156

04/25/2008 8:57 AM
Brian, Ditto for my former assn! We never had to use it, but found out the Pres. was chronically late while the HOA was still under developer control. Good thing he got his act together b/4 being elected to the board!

BrianB
(California)

Posts:1731

04/25/2008 11:55 AM
under our rule, it was a way to resign from the board without resigning... simply pay your fees one day late, and you were off. no hassles, no letters needed, just one day late, and off you went. Heck, usually with the one day thing, the HOA wouldn't even charge you the late fee, they would just cash your check and move on (with one less BOD member).

PatR
(Florida)

Posts:135

04/25/2008 12:06 PM
You guys are a tough crowd..... Pat

BrianB
(California)

Posts:1731

04/25/2008 1:28 PM
lol.. not sure we were so tough Pat... but we had to follow our rules, as written.

AnnaD2
(Florida)

Posts:319

04/25/2008 1:34 PM
Posted By DonnaS on 04/25/2008 7:00 AM Pat, Florida already has Statutes that state a member NOT IN GOOD STANDING looses their ability to use the common areas and their right to vote. It doesn't matter if they are Board members or not, they lose their rights and that includes sitting on the BOD. But you are saying that this Board member is "Late" in paying their dues or just not paying them at all? Not following the Rules and Regs is a finable infraction. Is this Board member also not obeying the R.and R's? We hear rumors all of the time about what the State legislature is "thinking about". Until you see it passed or unless you are passionate about some specific issues that you want to go to Tallahassee about and lobby the boys up there, I would not give too much credability to what "they are thinking about". Oh, Donna, could you please tell me exactly WHICH Florida State Statute this one is? Is it a HOA Statute or a Condo Statute? Thank you!

DonnaS
(Tennessee)

Posts:2791

04/25/2008 3:49 PM
Pat, No response to my second post? I cannot steer you in the right direction without your answer first. Thank You, Donna

PatR
(Florida)

Posts:135

04/30/2008 12:14 PM
Hi Donna...So sorry There are two issues, the first being a homeowner demanding that his landscaping issue is fixed. My argument is that he is late on his dues and should not be able to argue for this, since landscaping is part of his dues... The second is a BOD member also late...We have an important BOD vote coming up, and I want to know if she can vote on it. The property manager tells me that until the legislature passes something, we can not tell her she can not vote, or tell him he has no right to fight. Can you give me the actual statutes? Thanks Pat

MaryA1
(Arizona)

Posts:2156

04/30/2008 12:32 PM
Pat, First of all the fact the h/o is delinquent in paying assessments has nothing to do with the assn's resp. to maintain his landscaping and I would certainly hope this is not why they aren't doing so. These are two separate issues and one should have nothing to do with the other. There are actions you can take against him for being in violation of the docs; however, there are actions he can take against you also. Secondly, regarding the board member who is delinquent in paying assessments. Is there a provsion in your bylaws addressing this? In some assn's a board member can be removed for this. Most docs say a member who is delinquent loses his right to vote but that normally pertains to votes cast at the annual election. I'm not sure that would apply to a board member's vote at a board meeting. At the very least, the board should have a little talk with this member as it projects a double standard for board members. It's always been my opinion that board members should be even more careful not to violate any rules of the assn, including paying their assessments on time.

PatR
(Florida)

Posts:135

04/30/2008 1:32 PM
He is not late paying his HOA Fees, not an assessment. The HOA fees cover landscaping and irrigation, which is what he is "complaining" about. Personally, I think it stinks that I and others am paying for him to live in the community fee free (this happens every time), but for him to complain, has put me over the edge.

PatR
(Florida)

Posts:135

04/30/2008 2:43 PM
Here is the link to the SunSentinel report of bills passed today and pending bills! We are moving forward..... http://www.sun-sentinel.com/news/columnists/sfl-flbcondocolboxsbapr30,0,3317535.column

MaryA1
(Arizona)

Posts:2156

05/01/2008 8:05 AM
Pat, Sorry, but I'm really confused. You said he's late paying his fees if they're not assessments, what are they?

PatR
(Florida)

Posts:135

05/01/2008 9:25 AM
Sorry haste make waste....He and the BOD member are both late in paying HOA dues. It's funny that they seem to be among to loudest to complain about items others are paying for them to enjoy.......

JaneD
(Florida)

Posts:5

05/01/2008 6:55 PM
Advice from our lawyer concerning a BOD delinquent account is: abstain from voting until they are current in dues but will have to declare why they are abstaining and the reason is recorded in the minutes. or request a temporary leave of absence from the board for personal reasons.

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