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JeanB9 (South Carolina)
Posts: 26
Posted:
In SC if a BOD Director or a nominee is delinquent with their property taxes are they still considered a member in good standing?
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JeanB9 on 03/29/2013 6:45 AM
In SC if a BOD Director or a nominee is delinquent with their property taxes are they still considered a member in good standing?

What do property taxes have to do with your HOA? Do your governing documents state that a homeowner or board member who is delinquent in property taxes is not in good standing? It is not the HOA's responsibility to see that homeowners pay their property taxes.
LarryB13 (Arizona)
Posts: 4,099
Posted:
If you are going to base good standing on being current on taxes, then you should also check to see whether they have any overdue books from the public library.
LauraR5 (Tennessee)
Posts: 220
Posted:
As long as they are up-to-date on assessments, I don't think anything else could preclude them from being a board member.
JeanB9 (South Carolina)
Posts: 26
Posted:
Larry,
I was just asking a question.
JeanB9 (South Carolina)
Posts: 26
Posted:
Bruce,
Our governing documents By-laws:
Enforcement of Lien for Assessments; In the event any sums, charges or assessments required to be paid to the corporation by the due date herein remain in default for thirty -14-
(30) days or longer, the remainder of the regular assessments due within the calendar year of such default shall be immediately due and payable, and the corporation, acting on its own behalf or through its Board, may enforce its lien for assessments or take such other action to recover the sums, charges or assessments to which it is entitled, in accordance with the Master Deed
and the Act or both and provided the Board gives timely notice of its intent to such delinquent owner.

Governmental Liens and Assessments: In the event that an owner fails to pay any tax or assessment lawfully assessed by any governmental subdivision within which the property is situated, by the date such tax or assessment is due, the Board may pay the same from the funds of the corporation and assess such owner for the amount paid, plus interest thereon.

So the first one makes the person not a member in good standing but the 2nd one doesn't. Nothing stated in the governing documents about being a member in good standing
I am not the one making the assessment of a member in good standing but fail to see that a board member can use one against one person (trying to run) but not used towards the other person (running). Of course there is bias here and coming from an election chair no less.

There is more involved here but I don't want to give any more detail.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM
There is more involved here

I had pretty much arrived at that conclusion which is why my earlier comment about people making things up (to suit themselves). From your post you seem to have a board member who is doing just that.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM

Enforcement of Lien for Assessments; In the event any sums, charges or assessments required to be paid to the corporation by the due date herein remain in default for thirty (30) days or longer, the remainder of the regular assessments due within the calendar year of such default shall be immediately due and payable, and the corporation, acting on its own behalf or through its Board, may enforce its lien for assessments or take such other action to recover the sums, charges or assessments to which it is entitled, in accordance with the Master Deed and the Act or both and provided the Board gives timely notice of its intent to such delinquent owner.

OK. This says that if members are authorized to pay the annual assessment in monthly installments, once an installment is 30 days late, the past due amount and remainder amount for the year become due immediately. It also allows the Association to enforce it's lien for the full amount.

So, If assessments are $900 per year, payable in monthly installments of $75, if the member doesn't pay any installments, on February 1, the Association may file a lien in the amount of $900 (vs. the $75 installment).

Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM

Governmental Liens and Assessments: In the event that an owner fails to pay any tax or assessment lawfully assessed by any governmental subdivision within which the property is situated, by the date such tax or assessment is due, the Board may pay the same from the funds of the corporation and assess such owner for the amount paid, plus interest thereon.

This says that the Association, as an option to protect it's lien, may pay any back taxes owed on a property (as tax liens supersede the HOA lien) and if they do, then the taxes paid become part of the Assessment due.

Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM

So the first one makes the person not a member in good standing but the 2nd one doesn't.

Basically, yes. If the member was paying the assessments but failed to pay back taxes, then are in good standing with the Association.

Quote:
Posted By JeanB9 on 04/01/2013 9:14 AM

There is more involved here but I don't want to give any more detail.

I understand that.
Advice and/or opinions can only be based on the information provided, personal experiences and the interpretation of any research done. If any of that changes, the advice/opinion may change.

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