Ineligible Committee Member - how to handle?

Our committee charters say that anyone behind on their association fees, or with an outstanding violation, is not eligible to sit on a committee. We have a committee member who is almost a year behind on association fees, and her case has been given to our attorney for collection. My question is, how to you inform the committee that a member is being removed? It seems to be a bit of an ethical problem to inform other committee members that one of them has a violation of some kind.

Has anyone here dealt with this? It feels like a sensitive issue.

Sounds perfect. Thanks.

Sometimes I forgot not all communication is a dialogue!

Axe-u-lee... it may be less sensitive than you believe that it is. Typically committee members serve at the pleasure of the board, and may be removed with or without cause. (In fact, your bylaws may have an article saying exactly that. Mine do.)

So, you can remove a committee member if you don't like their taste in clothing. I'd be tempted to leave off the statement that the reason is confidential since that can invite speculation. If anyone does speculate, you can point to your bylaws.

Committees are different than being on the Board. Committees usually can be made up of anyone in the HOA. Which may include renters or family members. They have no real voting powers in the HOA. So they can't make any official changes nor vote for any board member. A board member has to be held to a "higher standard" which would be to be in "good standing".

Now with that being said, there is a crazy caveat to that. Some HOA's you don't have to be in "good standing" to be on the board but you can't vote in an election for board members. Who is going to vote for a board member who is in "bad standing"? Especially one that can't vote for themself?

I like the above option (BarbaraT1's) best. If Bob won't resign, or won't resign in an appropriate timeframe, then there's "Plan B" as given above, edited as the OP desires per CathyA3's and BarbaraT1's input, of course.

I believe that in most states the membership has a right to know who is in arrears, so it should not be an issue. I would approach the person and give them an opportunity to resign. If they do not, I would remove them from the committee and announce the reason since the membership has a right to know.

In Delaware, and speaking as a layperson, I advise disclosing the names of any owner who is in arrears only to other directors. This is because of the following section in the Delaware Uniform Common Interest Ownership Act:

After the period of declarant control ends, all meetings of the executive board shall be open to the unit owners except for executive sessions held for purposes of: (i) consulting with the association’s lawyer regarding, or board discussion of, litigation, mediation, arbitration or administrative proceedings or any contract matters; (ii) labor or personnel matters; (iii) discuss matters relating to contract negotiations, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or (iv) discussion of any complaint from or alleged violation by a unit owner, when the executive board determines that public knowledge would violate the privacy of the unit owner.

Someone in arrears is in violation of the governing documents. I know what "privacy of the unit owner" means can be debated. But I think the above is enough to warrant a Delaware HOA's Board policy of not disclosing the names of those in arrears. And yes, this is even though there may be other ways for owners to learn which of their fellow owners are not paid up. Like liens, which are public records.

As others here have reminded me, often times there is a reason arguably beyond an owner's control for not being able to pay up. Like terminal illness.

I do not support collection efforts that involve pressure through intimidation and humiliation, unless maybe state law says to HOA Boards, "Have at it" and/or the covenants allow it.

This. The person simply leaves the committee. The reasons don't need mentioning at all by anyone other than the person who is no longer serving.

Our Guidelines for All Committees do state that committee members must be in good standing.

I'm wondering how the board will vote to remove this person from the Committee. In CA, boards vote to accept committee members per our corporation codes, and boards vote to remove committee members. Since this is a matter of member discipline, she's being removed due to lack of payment, couldn't this be done in executive session?

We've never had to remove a committee member so I don't know the how's.

I also prefer the lighter version to go to the Committee. "As of xxx, Ms XXXX no longer serves on the xx Committee. We thank her for her service. Sincerely, the Board of Directors.