Get 2 months of free community web site hosting from Community123.com!
Thursday, November 15, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Past Due Board Member
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
SamE2
(New Jersey)

Posts:24


11/06/2018 9:00 AM  
We are in New Jersey and have a board member that is past due with his dues and assessments. We want to protect our interests so we get the money when he sells the unit. I am on the Board and would like to discuss the situation with the three other Board members and leave him out of the discussion. Can I do this or does he have to agree to recuse himself. My goal of the discussion would be for us to agree to hire an attorney and have an agreement drawn up stating he owes us the money and we will get it when the unit sells.
MarkM19
(Texas)

Posts:128


11/06/2018 10:26 AM  
Sam,
You can have any conversation you want with a board member anytime. I would start by speaking privately to each one and see if they support your case. You will need them in the end to move forward anyways. Also I do not understand why you would hire a lawyer to go after this one person. Do you have a collections process in place? If not why not?
DouglasK1
(Florida)

Posts:1263


11/06/2018 10:38 AM  
In most states the association would file a lien against the property with the county. This puts potential buyers on notice that there are outstanding assessments. You can certainly get an attorney to help if you want to make sure it's done correctly? Do you have any other properties late? If so, they should all be treated equally. In that case, rather than appearing to pick on the board member, you would be dealing in generalities. Even if the board member is the only one late, you could bring up the topic as defining a late policy including liening. Many associations use 6 or 12 months as their trigger, or a certain dollar amount.

Again, you want a general policy to follow, not an action against a specific owner.

Escaped former treasurer and director of a self managed association.
SueW6
(Michigan)

Posts:325


11/06/2018 1:27 PM  
Sam - most Boards have a requirement that board members be members "in good standing."

If this board member is past due enough for the association to put a lien on his unit, then he is certainly not in good standing. But you may have steps listed in your bylaws that outline how a member gets a "past due" status even before that drastic step.

Motion to remove this person from the board. Your bylaws tell you how. Call a special meeting if necessary. Hopefully, this person would quietly resign before it got to that.


RoyalP
(South Carolina)

Posts:65


11/09/2018 6:40 AM  
Posted By DouglasK1 on 11/06/2018 10:38 AM
In most states the association would file a lien against the property with the county. This puts potential buyers on notice that there are outstanding assessments. You can certainly get an attorney to help if you want to make sure it's done correctly? Do you have any other properties late? If so, they should all be treated equally. In that case, rather than appearing to pick on the board member, you would be dealing in generalities. Even if the board member is the only one late, you could bring up the topic as defining a late policy including liening. Many associations use 6 or 12 months as their trigger, or a certain dollar amount.

Again, you want a general policy to follow, not an action against a specific owner.




PERFECT
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Past Due Board Member



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement