Board Memeber Fees

Started by PatR • 14 replies • 1331 views

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PatR (Florida)
Posts: 139

Posted:

I need to find the actual Florida State Statute that states that a Board Member who is not paying HOA fees, needs to step down. Am I correct? If so,does anyone know where I can find this?

Thanks

Pat

MikeS1
Posts: 668

Posted:

Why go that far? Don't your CCRs have a provision that precludes the Board member from voting of they are over 60 days in arrears?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

PatR: Usually the documents state that a Board member has to be a 'member in good standing' which means that the resident/member of the community must follow the CC&Rs--which includes payment of assessment fees must be current.

PatR (Florida)
Posts: 139

Posted:

It's a sticky situation...having problems with our Management Co.

I was under the impression that there was a State Statute regarding memebers out of compliance.

Pat

DonnaS (Tennessee)
Posts: 5,671

Posted:

PatR,
You are so correct. Fl. State Statute 720;305 "Obligations of Members," etc
Says that " IF THE GOVERNING DOCUMENTS SO PROVIDE, AN ASSOCIATION MAY SUSPEND THE VOTING RIGHTS OF A MEMBER FOR NON PAYMENT OF REGULAR AND ANNUAL ASSESSMENTS THAT ARE DELINQUENT IN EXCESS OF 90 DAYS"

I am hopeing that somewhere in your Documents, there is a provision for suspending voting rights for non payment by members. Board member or not, they are required to pay in full.

PatR (Florida)
Posts: 139

Posted:

thanks so much, that's what I needed.

Pat

HaroldS (Arizona)
Posts: 906

Posted:

How would members know if a board member is delinquent in dues? Generally financial information of members need not be disclosed. "Personal, health or financial records of an individual member of the association..." is one of the exclusions in Arizona's statute on providing records. Only board members are privy to this information, so unless a fellow board member blows the whistle, they could all be delinquent and no one would know. Harold

DonnaS (Tennessee)
Posts: 5,671

Posted:

HArold,
One of the duties of the Treasurer OR the Property manager is to keep the records of all dues. It is part of the quarterly income of an association. When there are delinquencies, don't you think that this is discussed at Board meetings? How the heck does an association run without it's money coming in on a timely fashion? Common Harold, think about this. Why should a slacker get by without the Board being notified as they (the BOD) have the responsibility to make decisions on how much and how far to let this go before they are required by the documents, to start a collection procedure.

HaroldS (Arizona)
Posts: 906

Posted:

Donna - I don't think you understood my question. I was wondering how an ordinary HOA member would know if a board member is delinquent in dues. That is the subject of the original post. Arizona law doesn't allow them to ask for those records. Does your state? Boards may discuss delinquencies at board meetings, but should not name names. So unless another board member spills the beans, members can never know if any or all of the board is delinquent. I have no quarrel with collecting dues. Just curious how members would know if a board member is behind and thus technically would not be in good standing to remain on the board. Harold

AnnaD2 (Florida)
Posts: 960

Posted:

Harold---maybe things are different in Arizona. But in Florida: ALL Association business is the business of ALL members---IF anyone asks. Our board doesn't make it an "open issue"---posted on bulletin boards; etc. But if a member is delinquent with fees it DOES become the business of the entire association. The association relies on the income from EACH AND EVERY member in order for our budgets to balance each year. If the board needs to discuss a delinquent member, then YES, it will be in the minutes. There is no "secret" as far as association dues goes. OUR bills don't get paid when there is a "slacker". It's not a harrassment issue---it's a business one. When someone buys a condo in the association they sign papers that make them aware of ALL of this.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Anna,
Thanks for the added clarification and comments. Much appreciated!

HaroldS (Arizona)
Posts: 906

Posted:

Sounds good. But doubt this will happen here. Harold

LydaC (Kentucky)
Posts: 2

Posted:

What can you typically do legally to bring "slackers" up to date on their payments? I would really appreciate some advice.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lynda,
You will need to check your CC&Rs to see if there is a provision on how to handle non payment of association dues. If there is, then that is how you need to address this. I am from Florida and we have tools to go after the "slackers"
If there is no provision for collecting , then see if your State has any H.O.A. statutes or laws. I almost want to bet an arm, that Kentucky does not have any. I know that Tennessee doesn't have anything at all to guide HOA's so those folks are up the perverbial creek.
This was the topic on another post, that the States are so different in their laws to protect owners and Associations from going crazy against each other. We all should get together and force them (the States) to address this problem.

LydaC (Kentucky)
Posts: 2

Posted:

Thank you Donna. I'll do my research

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