Quote:
Posted By SteveC4 on 06/02/2010 6:32 PM
Our chairman of the ARC has been months in the rearage of there Association dues....we live in Florida, Townhomes....should she still be the Chairman of the ARC even thow she has not been paying there dues?
Steve,
Typically committee members are appointed by the Board of Directors vs. being elected. Your governing documents will tell you if this is the case for your Association (look in your CC&Rs or the Bylaws). Typically there are few if any requirements for someone to serve on a committee (or even the Board for that matter). If your Association has any qualifications or requirements, they will be listed in your governing documents.
If members are appointed, they serve at the pleasure of the Board and it is up to the Board to remove them. Most Boards are happy for any volunteer that will serve on an ARC that they normally don't look much past the fact that they volunteered. It is possible that if another volunteer was available to take their place, the Board might replace them. Perhaps, if you are not already serving in a position, you will step forward and offer your time.
If members of the committee are elected, it is up to the membership to remove them. This could be done at a recall election or at the regular election.
As for the general question on if members who are behind in paying their assessments should serve on a committee or as a member of the Board, I personally believe they should be allowed providing that they are only one month behind. This is because we are all human and sometimes issues come up. However if they are behind more then one month, I believe that they should no longer be allowed to serve. However, just because this is what I personally believe doesn't make it happen. It all depends on what is legal and that is determined by the wording and language that addresses the topic in your governing documents.
Hope this helps,
Tim