Board Members and TMI

Same way a Board with deal with any Board member issues, with one or both of the following options:

1) Remove them from Office (Pres,VP,etc.) via Majority vote of the Board.
Note: They would still be a Director.

2) Call a special meeting of the membership for the purpose of recalling that member.

You are correct, the only way to have a successful collection policy is to treat everyone equally. There can certainly be exceptions as to when a Lien is recorded. However, in my opinion, those exceptions should only occur based on some sort of repayment plan and demonstrated willingness to pay assessments (by making payments on the payment plan).

As Board treasurer, I look at our outstanding balances list every month to see who's behind and by how much, so I know immediately if a Board member hits the list. After 60 days, delinquent homeowners are sent to the Association attorney and our Bylaws say people over 30 days delinquent cannot serve on the board.

Since I've been on the board, we've only had one instance where a board member was removed because of delinquencies, Our property manager told her she was in danger of losing the seat until the account was made current - she didn't do it and so the rest of us had to send her a notice. She didn't appreciate it, but that's life.

In your case, your board member needs to leave RIGHT NOW. How can he make decisions on Association expenditures when he's not even paying his fair share? Ditto for making decisions on other homeowner delinquencies - does he not understand the delinquent homeowner and everyone else would be very unhappy if they learned he's not paying either and nothing's being done? Finally, the board's failure to go after this member is a breach of their fiduciary duty - people can and do get sued for this. I don't know about you, but I'm not risking being sued because the rest of the board doesn't have the balls to take action.

Your bigger issue is taking immediate action on delinquent accounts - the longer the Board waits to take action, the more difficult it will be to collect because bankruptcies, mortgage company foreclosures and all that stuff can kick in to muddy the waters. You need to set a policy telling everyone when the account will be sent to the attorney for collection and then do it.

In our HOA, we send three nastygrams before the account is finally sent up (at 60 days delinquent). Homeowners can avoid this by negotiating a payment plan (which the Board has to approve). If they don't negotiate or renege on the agreement, we cancel the agreement and off it goes to the attorney. Everyone gets a copy of the collection policy at the end of the year when we send out the upcoming year's budget.

i think too much information

Our CC&Rs are the same - if you are not current in paying assessments, you cannot be on the board, run for the board or participate on anything that requires a vote of the homeowners.

Then why have a board? If everything is black-and-white with no room for discretionary judgment, the board could be replaced by a robot.