Delinquent Accounts

AnnetteB3 (Florida)
Posts: 6

Posted:

is there anything in Florida Statues that says if you are delinquent in your HOA dues more than 90 days you may not vote or serve on the Board

ElleN (Idaho)
Posts: 4,420

Posted:

Is this a condo association, HOA, mobile home park, or what... ? With Florida statutes, it makes a difference.

FS 720 (for non-condo HOAs) says:
A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot.

FS 718 (for condos) has similar language.

Do you know how to look up Florida statutes and do key word searches of them? This is a good skill to have.

SheliaH (Indiana)
Posts: 6,964

Posted:

You should also check your documents- that's usually where you can find this information (start with your bylaws, that dictate how the HOA is supposed to be run).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MarkM19 (Texas)
Posts: 1,459

Posted:

Annette,
Most standard docs in HOA have a similar clause that states owner must be in "Good Standing" to vote or run for a seat on the board. Are you interested in running for a board seat or are you asking for a friend?

MarkB28 (New York)
Posts: 40

Posted:

It may not be a law but if people knew that you were delinquent with HOA dues I would find it hard for people to be convinced to vote for you.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree that it can be difficult for a board member to enforce the community's governing docs and to pursue collection actions if their slate is less than clean. Homeowners know hypocrisy when they see it, and board service can be tough even when they think you're a good soul. (In my community, folks can't owe anything without losing their vote, and none of this 90 day nonsense - if you're delinquent $1 on the day of the annual meeting, you get to sit this one out.)

MelissaP1 (Alabama)
Posts: 13,836

Posted:

That is the "rub". You may not be able to run for Board election if NOT in "good standing" but doesn't mean can't get voted in. Just who is going to vote for someone who isn't paying their dues? It may be in "Protest" not paying but in the end not everyone is willing to support your "protest".

Former HOA President

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By ElleN on 06/03/2023 6:42 AM
Is this a condo association, HOA, mobile home park, or what... ? With Florida statutes, it makes a difference.

FS 720 (for non-condo HOAs) says:
A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot.

Interesting wording. There may be more to it, but that fragment suggests that someone could owe money and still get elected via write-ins.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By CathyA3 on 06/05/2023 4:18 AM
I agree that it can be difficult for a board member to enforce the community's governing docs and to pursue collection actions if their slate is less than clean. Homeowners know hypocrisy when they see it, and board service can be tough even when they think you're a good soul. (In my community, folks can't owe anything without losing their vote, and none of this 90 day nonsense - if you're delinquent $1 on the day of the annual meeting, you get to sit this one out.)

Wow. So you can’t even *vote* if you owe? Not saying I think it’s good or bad - just new to me.

We already have challenges just getting a quorum. I’ve gone back and looked at financials from before I was elected, and there’s *always* a bunch of people who owe $10 late payments.

On the other hand, Board Members need to be in “Good Standing” (Ie, HOA balance $0.00) - further, in Texas they may not have been convicted of a crime of moral turpitude within the past 20 years. I’ve had someone ‘helpfully’ suggest that I should be careful about my marijuana use because I could get kicked off of the Board. I told them to look up ‘moral turpitude’.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

KerryL1 (California)
Posts: 14,550

Posted:

In Calif. eff. 1/20, all owners must be permitted to vote: Civ. 5105. “Election Rules. (g) Notwithstanding any other law, the rules adopted pursuant to this section shall do all of the following: (1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.”

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By BillD16 on 06/06/2023 6:59 AM

Posted By CathyA3 on 06/05/2023 4:18 AM
I agree that it can be difficult for a board member to enforce the community's governing docs and to pursue collection actions if their slate is less than clean. Homeowners know hypocrisy when they see it, and board service can be tough even when they think you're a good soul. (In my community, folks can't owe anything without losing their vote, and none of this 90 day nonsense - if you're delinquent $1 on the day of the annual meeting, you get to sit this one out.)

Wow. So you can’t even *vote* if you owe? Not saying I think it’s good or bad - just new to me.

We already have challenges just getting a quorum. I’ve gone back and looked at financials from before I was elected, and there’s *always* a bunch of people who owe $10 late payments.

On the other hand, Board Members need to be in “Good Standing” (Ie, HOA balance $0.00) - further, in Texas they may not have been convicted of a crime of moral turpitude within the past 20 years. I’ve had someone ‘helpfully’ suggest that I should be careful about my marijuana use because I could get kicked off of the Board. I told them to look up ‘moral turpitude’.

Bill

Nope, can't even vote. Our CC&Rs say that voting rights of a delinquent owner "shall be suspended until such time as his account is paid in full". In Ohio, late fees and fines are considered special assessments against a unit, so they're treated the same as regular assessments (we can also foreclose for unpaid special unit assessments).

This hasn't caused any issues with quorum that I'm aware of. We usually don't have many diehard delinquents - at most we catch a few folks who forget to update their automatic bill payment info for the new year, or they have some unusual situation that they're working on fixing (eg. identity theft).

On the other hand, "moral turpitude" doesn't raise any flags. I'm actually OK with this since moral turpitude can be in the eye in the beholder, especially during these contentious times - and owners can vote or not vote for whomever they want, and they can remove a director with or without cause.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By BillD16 on 06/06/2023 6:43 AM

Posted By ElleN on 06/03/2023 6:42 AM
Is this a condo association, HOA, mobile home park, or what... ? With Florida statutes, it makes a difference.

FS 720 (for non-condo HOAs) says:
A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name shall not be listed on the ballot.

Interesting wording. There may be more to it,

From FS 720:
A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law.

FS 720 also says the HOA may suspend the right of owners to use amenities when owners do not pay their assessment, following notice and hearing requirements.