Board Member in Arrears

We have a board member in arrears who has been working with an attorney. We've heard 2nd hand that he has not lived up to the agreement. We have another board member who would like a request be made that he resign. This is 9 days before an election.

There is one spot open on the board and two candidates running. One an incumbent and one (without going into details) who may be detrimental to the Board and Association as a whole. If the board member who is in arrears steps down at this juncture, both the imcumbent and the one 'detrimental' will be elected

Ironically, the board member who would like the request made for the member in arrears 'step down' has encouraged the one who may be 'detrimental' to run. What a can of worms! Any advice?

Do your by-laws require Board members to be current in their obligations to hold office?

If NOT then on what basis do you ask them to resign?

You can ask but if not required under the by-laws this member certainly doesn't need to do so.

Hardly, the perfect method to prevent some "difficult" individual from joining the Board.

The decision is who offered the most pros and who would provide the most cons.

If your facts are accurate I would work to keep this wantabe off the Board and work to remove the Board member asking for the resignation when possible.

Thanks for your reply. Always good to get info from a source outside those directly related to the 'situation'.

No, our by-laws do not require Board Members to be current. The BOD is treated as any owner would be - no exceptions. From notification through foreclosure if it goes that route.

The member who strongly feels the 'in arrears' individual should step down thinks it's an embarassment to have him continue to serve and supposedly that is his basis for the request.

Yes, I know the individual in arrears can be asked and I also know he is not required to step down.

Definitly not a perfect method to prevent some 'difficult' individual from joining the BOD but if the member in arrears steps down.... the 'difficult' individual will, in all likelyhood be elected. Although I could be mistaken, I feel the member who strongly believes the in arrears individual should step down, is doing so because that will open 2 seats on the Board which in turn will get the owner elected he has encouraged to run for the seat.

The decision is a no-brainer for me. Although in arrears and not as active a member as we would like, he is in arrears because of the economic times we are now in. Prior to that, he was always on time and paid in full. This individual has 90% of the PRO's in my opinion. The other, unfortunately (and in my opinion from 'past experiences') carries a risk. He is highly prejudice and outspoken and therein lies my objection. And... this 'difficult' individual was previously on the BOD and resigned prior to his term expiration.

Like I said... a can of worms! Thanks again for your input.

Margaret,
The below url may be a good place to start. If you know all this so much the better.

http://www.hoa-sc.com/StateLaws.aspx

Margaret,

I don't get the impression you are a board member, so I must ask, how do you know who is in arrears? And, what do you mean by saying the board member in arrears, ". . .has been working with an attorney"?

When you cast your vote, you don't have to vote for someone you don't feel is qualifed to be a board member. Same goes for all the other members of your assn. IF the person who is viewed as being "detrimental to the Board and Assn" gets elected then, IMO, the membership doesn't share your views. If he proves to be "detrimental", well the members got what they asked for!

It does no good to listen to gossip and that seems to be what you've posted here. Make your decision based upon what you "know" to be true about each candidate on the slate.

With regard to a board member continuing to serve while in arrears, this may be addressed in your bylaws. Mine state: "No member shall continue to serve as director if more than 30 days delinquent in the payment of any assessments and such delinquency shall automatically constitute a resignation by such delinquent director on the 31st day of the delinquency." Note the key word is "shall", meaning this director is automaticaly removed from his position regardless of the circumstances of his delinquency. If the bylaws say "may" be removed then the BOD has the authority to make the determination as to whether or not they will ask for his resignation.