President Delinquent w/Dues

I just received the accounts receivable from the treasurer today. What I found was that the President was on the delinquent account list. HO's pay semi annually (Jan1/July1) She has not paid the July dues and so far Jan's (late Jan31st)....My question to you is: Can she remain on the Board, chair meeting and vote on Budget and handle other HOA business. The President of all people know we ran out of money to pay our bills last April and again this Nov. (we had $242. in our checking account Oct 31st bank statement). When 2008 dues started coming in, that is what was used to pay the Nov/Dec. exspenses. Therefore, we are already starting out in the hold. As posted in another post I have stated that we had over $20,000. in delinquent accounts. Now I find out the President has been part of our financial troubles. What I also saw, was that she was not charged late fee, interest or even being considered for a lein. She has not be treated as other HO's that were also delinquent.

Is there anything we can do. Can she still remain on the Board and carry on all functions as the President?....Please don't say recall..that's a joke w/only four HO's showing any interest at all w/our comminity.

Make sure your President also pays any late fees and interest due your association, just like any other member has to. Your President gets no special treatment due to position.

Sidney,

Any member of an association that is delinquent in membership dues, loses their member in good standing status. Any member who has lost their member in good standing, loses their right to vote and hold a Board position.
As a Board member, she of all people know about assessments and how it affects her association when there are delinquencies. I think that she just figures that no one has called her on it and therefore it is okay to be late or whatever she wants.
Who collects the dues and why are they not acting on her lateness and lack of paying? There lies some responsibility. Get someone moving on this as she is breaking her responsibility to the community.
Below is the definitiond from 720, which states owner responsibility.

9) "Homeowners' association" or "association" means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term "homeowners' association" does not include a community development district or other similar special taxing district created pursuant to statute.

(10) "Member" means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee.

Sidney,

I hope you have officers who will be proactive about collecting the dues/late fees from this president. We had a similar situation. Because we are a small association, we had a two-officer board. 6 yrs ago, the president and I (treasurer) resigned. The new officers who replaced us, the president was never around and we couldn't get him to sign checks for vendors we had contracts with. Last yr, our HOA held a meeting to remove him from office and elect a new president. It was at this meeting, we found out the just-removed president was 3 yrs behind in dues. I've tried to help the new officers by suggesting they pull the former president's parking privileges and file a lien against his property. Unfortunately, I'm getting the feeling the new officers just aren't willing to devote the time necessary to collecting delinquent dues.

Sidney,
I know you are in a tough spot and maybe little help within the association. I would look for some support with your owners first and then start expanding to outside the association. Sounds like your PM could stand a little scruntiny, vist BBB, your legal aid society, the city council maybe, your county council, your state and federal representatives, local reporters, radio stations, establish a relationship with other HOA's in area, the more people you can make take notice the greater your chances are of finding help.

I would also go before the Board, document my concerns and explain to them you are going to follow up on your concerns. Are all board members doing nothing, if so, make that a part of your concerns. Tell the same thing to the PM, don't threaten jusy be strong about your convictions. You are probably right about the states lack of interest but Florida is at least maling the papers about HOA legislation. Woprk the phones hard in contacting other HOA's, there are probably kindred souls all around you.

Just try and make a difference, don't be a right fighter.

Sidney,
My reply is not to be taken aas critical or discouraging.
You would be surprised to know the number of folks that go through the same thing you are going through. I would venture to say nearly all of the people that spend their time trying to be helpful here have experienced the same thing and worse.

Your problems can not be looked as a great big problem, it is just a bunch of little one mostly. If you keep on in the direction you are going you will make a little crack in this shell you are trying to get into. As time goes on, you will solve little problems, belieeve me, persistance is fruitful. But while this is going on we have to fight opur own deamons and be critical of all our actions. You said you could not get responses from your owners with a three page letter. The possibility that in three pages you over did it. But not to worry, get someone elses advice on how to do all this. Here I speak from experience. I could not get any satisfaction for years because I called them like I saw them. I was wrong if what I wanted to do was make things better. I am still fighting with the board and they don't like me, but they know I also know a lot of things about HOA's that they never took the time to find out, so I have a certain amount of respect. But it is still a battle of putting out bush fires, not changing the world. You learn everyday fooling with this stuff and you also will learn to look for your own failings.
I have friend who is on our board, he can sit in board meetings and listen to crap he knows is wrong, but he keeps his cool and when he and I t6alk about this place, we fight each little issue. He wants to hear my side and he plays de3vils advocate a lot, but he will in time get around to those issues he and I discuss and sway the Board at little at a time.

Keep on getting on, post here for support and little by little you will make a difference. I can't twell you how many times I have said to owners, "What the board is doing is just plain wrong and damn if I am going to sit around and let them run over me." Don't make allies that way.

Have you thought about putting up a web site? A persopnal one. You do that and you will get the Boards attention....big time... but again, be careful what you say, and if the Board does something good make a big deal of it. Be friendly, helpful, concerned and be informative about what goes one there, but don't slander and no name calling.