delinquent board members

Started by FranN • 4 replies • 2681 views

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FranN (Maryland)
Posts: 8

Posted:

We have a newly elected board member who it turns out was delinquent on the day she was elected and may still owe a late fee for not paying her dues timely.

In Maryland can the board remove her for this without taking her to court or getting a majority vote from the homeowners?

Our bylaws don't specifically say that someone delinquent can't vote or be on the board or an officer. They only say that we can't get financial gain from being on the board, we are responsible for collecting assessments, enforcing bylaws and can remove a board member/officer for any or no reason at all with a majority vote from association members.

If we have to get a majority vote from all homeowners, does that include votes from delinquent owners? How would we handle that when we can't discuss her delinquency outside the board, officers and board employees?

EdR (Texas)
Posts: 170

Posted:

Do your bylaws say you have to be a member in good standing? If so, that means dues paid. Frankly I've never seen an assn. that allowed you to be on the board (because they don't allow you to be nominated or to vote) if dues aren't paid.
Ed

FranN (Maryland)
Posts: 8

Posted:

I looked at the bylaws last night and couldn't find anything about being in good standing to vote, run, be an officer and/or board member. I will look again.

We weren't counting the votes from members not in good standing.

Our management company didn't look up the nominees' payment history to make sure they were paid up on election day which was after the due date for the assessments. That's how this person slipped through the cracks. Three of the five nominees were delinquent on election day.

The management company says we would have to pay a lawyer $250 per hour to remove this board member who would probably say we were racially disciminating against her.

EdR (Texas)
Posts: 170

Posted:

The bylaws for our assn. (TX) state that an outsider can be on/run for the board, but they also state that a member has to be in good standing (dues paid) to vote or to use the facilities. Isn't this ridiculous? Of course, I can't imagine someone wanting to run for a board where they don't live unless they have a rent house there; we have a hard enough time getting homeowners to run, unless they have a social agenda.

Re. the MC not checking to see if the person had paid, they are in violation of their responsibilities and duties if their contract stated that they were to oversee the election--get rid of the MC and the person who shouldn't be on the board. Right now, illegal elections are the biggest issues in most HOAs, in addition to not reporting financial positions. This makes it look like the MC was in cahoots to get that person onto the board--you'll find out the reason eventually if they stay. Good luck!
EdR

LisaS (Illinois)
Posts: 341

Posted:

Our association does not allow members who are delinquent to vote (per our Covenants).

But, oddly enough now that it is mentioned, I realize that it does not prohibit those same people from being nominated, or from being elected. I think we will have to change that!
Lisa

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