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Started by SteveC4 • 8 replies • 1506 views

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SteveC4 (Florida)
Posts: 154

Posted:

Hello:

IM in Florida and my question is ....if a person is on the board and has been late with there association dues...should they still be on the board? Also this person is cleaning the cabana 3x's a week and getting paid monthly.

This person has also two units that are going in foreclusure...she was renting them out for a while and still behind on the dues. Me I personally think she should not be on the board and if she wants to continue to clean the cabana they should deduct to pay her rearage past due.

I feel if she will continue to clean the cabana they should deduct her pay to help her get caught up on her dues.

Thanks! SteveC4

MicheleD (Kentucky)
Posts: 4,491

Posted:

No offense intended, Steve, but how did this person win election to the board?

I don't know if it's legal or not, because I'm not familiar with your HOA's controlling documents or Florida statutes that may apply.

But if you don't feel this is appropriate for a board member, then be sure to let your fellow members know and don't re-elect her.

SteveC4 (Florida)
Posts: 154

Posted:

She's been on te board for sometime...in fact she clean's the managers house as well...they are very clickie, will have to look into that...thanks

AnnJ1 (Florida)
Posts: 122

Posted:

Hi Steve,
I'm assuming you live in a condominum complex and Florida's Chapter 718 is your authority.
If this person is delinquent for more than 90days, this might help.....

The 2009 Florida Statutes
CHAPTER 718
CONDOMINIUMS

718.112 Bylaws.--
(2) REQUIRED PROVISIONS.--The bylaws shall provide for the following and, if they do not do so, shall be deemed to include the following:

(n) Director or officer delinquencies.--A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.

HTH,
Ann

GlenL (Ohio)
Posts: 5,491

Posted:

Steve as to the second part of your question; I would not take from her fees unless something in the contract allows you to. Courts have been known to frown on this type of self help. I would take her to small claims court and garnish her wages.

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

SteveC4 (Florida)
Posts: 154

Posted:

Hello: Homeowners Association, 28 townhomes....I look in the by-laws and didnt see anything about Board Menmbers in the rearage and being a board menber. This person is more then deliquent 90 days...also left the town units into foreclosure and heard the inside of the unit the roof is leaking real bad.

She had it rented out for a few months and still was not paying the Homeowners Association dues.

I still cannot see her cleaing the pool cabana area and the association still paying her.....when at one point and time she had her units rented out and still made no efford to pay her monthly dues.

I feel the board should vote her off...since she is not paying any dues on both of the units and dont let her clean the pool/cabana.

DanielH1 (California)
Posts: 482

Posted:

I have the nagging feeling that you and her have a personality conflict that you haven't been forthcoming with.

But, that being said, it seems that she needs to be replaced according to Florida law.

You may also end up having a dirty pool/cabana. If you garnish her wages, she'll certainly stop doing the work.

Do you have somebody who could be elected and take her place?

SteveC4 (Florida)
Posts: 154

Posted:

Hello : No theres no personality conflict between her and I...lol! we hardly ever talk to each other....does it state in the florida law about board members in the rearage?

IM not the manager...IM just a secretary/treasure....think she also cleans the mangers house as well...so dont think he is interested in getting rid of her...even thow she is in the rearage of the dues.

We can find another cleaning person to clean the cabana/bathroom 3xs a week.

DanielH1 (California)
Posts: 482

Posted:

I was merely going off AnnJ1's post. According to it, if a Board Member is delinquent for 90 days, they lose their position as Board Member. Is there some reason that this would not apply here?

I ask about the personality conflict because Board Members rarely look into other Board Member's qualifications when they are good friends and always loook in other Board Member's qualifications when they are bitter enemies. Just seems to be human nature.

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