Board member eligibility with delinquent dues

In SC to run for and/or remain on the BOD, one must be Member In Good Standing which means no unpaid dues, no unpaid fines, no outstanding Covenant violations, and no legal action against the BOD or Association

In our association if a BOD Member was behind in dues, we would suspend their voting rights and BOD participation until they are caught up. I am not saying this is right or wrong but until challenged, this is how we would handle it.

The statute does not permit a person to run for or serve in the position of Board director unless he or she is completely current in the payment of assessments or other amounts due to the condominium association.

So how is this relevant in any way to what is allowed by law in Florida condos?

I think DouglasK1 nailed it.

There are some wonky things in FS 718 and FS 720, however. A sitting director who falls 90 days behind in the payment of any monetary obligation is automatically removed from the board, by operation of law, and deemed to have abandoned his or her seat. When preparing for an election, however, a candidate who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot.

Note that "not eligible to be a candidate" is not the same thing as "not eligible to serve" and, in theory, such a person could be elected anyway by write-in ballots (if such things are authorized). Such a person would also be eligible to be "selected" to fill a vacancy by the remaining directors in the event of a vacancy.

BUT, if such a person were to find themselves on the board AND they were simultaneously more than 90 days delinquent in any money owed, the first restriction would take effect and they would immediately be deemed to have abandoned their board seat.

There are overlapping elibility and ineligibility criteria that can be tricky to figure out. At my HOA two years ago we had a situation where a board member went on vacation touring the country in his RV for 5 months. He never paid a dime on his monthly assessments during that time and when he returned, the board advised him that, according to law, he abandoned his board seat when the first missing monthly assessment payment became 90 days delinquent. THAT WAS NOT A FUN MONTH. So watch out and I'd recommend talking to an attorney before deciding to keep someone off the ballot.

I'll look at the from the point of being an association manager. In the case you've posed, since there are two distinct associations, one doesn't affect the other (unless specifically addressed in the governing documents of both associations). If the question were posed to me by one of my boards I'd have to answer that yes, the owner is eligible to serve on the board (of the condo).

I think this is the appropriate strategy. HOA members use access to amenities and "Full Enjoyment" of the association when they're behind.

As the purpose of this forum to give free advice despite where you live was in jeopardy...