Can a delinquent Owner serve on a Committee?

Started by BonnieS3 • 12 replies • 2094 views

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BonnieS3 (Florida)
Posts: 22

Posted:

We recently formed our architectural control committee; one of the volunteers is deliquent in his HOA dues -- some of the Board members feel he should not serve on any Committee. Our governing docs. say nothing pertaining to this issue. Can the Board remove him from the Committee?

GlenL (Ohio)
Posts: 5,491

Posted:

The Board appointeth - the Board can un-appointeth.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bonnie,

Unless the committee is elected by the membership, all committee members serve at the pleasure of the Board.

Tim

LynetteB (Texas)
Posts: 141

Posted:

Bonnie,
Here in our corner of the world we have a requirement for board members to be current. We don't have anything specifically written for committees, so I would guess that if that came up here it would depend..... How delinquent are we talking? Is there any effort being made to come current? Is this person going to move the community forward or just cause problems with other committee members?
All that would have a bearing on whether or not we would appoint them to a committee. As far as removing them from a committee, I would guess that here, the account would have to be a long time dilinquent with no efforts to reconcile the account. We get so few volunteers that it would be hard to turn someone away unless we absolutely had to.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bonnie,

Usually the docs only deny a delinquent member the right to vote or use the common areas/amenities. Check you docs to see what the exact wording is. Some boards like to stretch this into other things, but only what's spelled out in the docs applies.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bonnie,
Committees are appointed by the Board so what gaffe allowed this delinquent to get the appointment. As was said, they, the Board should just remove him from the committee. This guy cannot make his required payments but yet the Board is going to give him power to make decisions concerning the entire association? HUH?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Donna,

Sorry, but, IMO, one has nothing to do with other. I'm not a fan of people who shirk their resp. by not paying their assessments, but in so doing does not mean you aren't capable of making decisions. You might be surprised to know how many doctors are behind in their mortgage and credit card payments -- does that mean they shouldn't be practicing medicine? I think not!

As I said in an earlier response, if the gov docs only say a delinquent member cannot vote or use the amenities; then that's ALL they can be barred from doing. Sitting on a committee is not the same as holding an office in the HOA.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By GlenL on 03/30/2010 10:38 PM
The Board appointeth - the Board can un-appointeth.

And expanding on that (in spite of Mary's interpretation), since the documents are silent on committee requirements, the board can adopt rules for committee appointments.

One of those can be that committee members must be current.

I would have the board create the rule by resolution before just dropping the committee member out of the blue.

But the committee chair (or the board member liaison with the committee) may let the committee in full know that this resolution/rule is being proposed and making a general statement that if anyone feels this might apply to them, they may want to take this period before the rule is enforced to come current.

Not singling the delinquent member out, of course.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Michele,

But, if the docs explicitly say delinquent members only loose their right to vote or use the amenities, how can the board say they also cannot serve on a committee? Wouldn't that be contrary to the stated restriction? Sure, the board can adopt rules for committees; but those rules must be in compliance with the gov docs.

BTW, welcome back; we all missed you!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mary,

He is capable of making decisions, there is no doubt but he made a bad decision in shirking his financial responsibility to his HOA. I also do not agree with the governing docs statement about following the non vote and use of amenities part . The Board has the right to decided who serves on a committee, with or without a written policy on what rights the members have. They could appoint a pet Iguana to the committee if they so chose and that probable will not be found in owners rights or loss thereof.

Hey Michelle, Welcome back friend

MaryA1 (Arizona)
Posts: 7,043

Posted:

Donna,

I agree, they don't have to pass a rule, especially one that would be contrary to the gov docs., stating who can and cannot serve on a committee. They just do not have to appoint someone who is delinquent and they don't have to justify their decision to anyone.

GeraldT4
Posts: 1,022

Posted:

BonnieS3 - All HOA Boards have the primary function to enforce rules and regulations, and to protect the general welfare of the members. Someone that's behind in their maintenance is robbing, yes robbing from their neighbors. That member should be put on suspension from the committee until current.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By MaryA1 on 04/01/2010 7:19 AM
Michele,

But, if the docs explicitly say delinquent members only loose their right to vote or use the amenities, how can the board say they also cannot serve on a committee? Wouldn't that be contrary to the stated restriction? Sure, the board can adopt rules for committees; but those rules must be in compliance with the gov docs.

BTW, welcome back; we all missed you!

Thanks for the warm welcome back, all. As I mentioned in my post, it may be hit or miss. I will try to post as often as I can, though.

Re: the governing documents.

Bonnie has stated that their governing documents say nothing about this issue. That doesn't mean a whole lot without actually seeing what she looked up in her governing documents and under what section, etc.

Are her docs silent on members in good/bad standing and what can or can't be done about them?

Or are they silent as to whether they can be removed from a committee?

Also, the docs may well address that members in bad standing cannot vote or use amenities. But many docs to NOT put the word ONLY in there.

And committee membership has a greater leeway for discretion by the board as to whom may qualify and what the conditions are regarding disqualifying membership, as it is, in many cases, within the sole purview of the board to create and disband committees.

Remember, we are not talking about dismissing this person from BOARD membership, only his ability to qualify for committee membership.

The board can make rules regarding that. And while they must not be in conflict with the governing documents, unless theirs say that members in bad standing can ONLY be barred from voting (which I find unlikely) then the board can use its discretion to qualify only members in good standing to serve on committees. IMO.

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