Don't vote for them... As long as they are a paying memeber of the community they can run for a position. Untill the bank gets a possesion order they are entitled to run. What happens if they lose the home during their term is what I wanna know? I special election will then have to be held? It does not sound like a good idea at all I can see your concerns.

No. A board member must be in good standing with all condo abligation. And all condo fees must be upto date. No condo sitations.

In Florida the board member cannot be 90 days or more delinquent on assessments. Mortgage foreclosure doesn't matter. 
 
If the owner is paying their assessments, then it sounds like the owner has every intention of holding onto the property and is merely using the refinance process as many are, to secure a better rate or lower their mortgage all together. They may even be using the situation to do as many fiscally responsible people are -- I believe it is being called strategic bankruptcy. 
 
Certainly this person has gotten elected before, and if they are elected again, it will mean they have majority of the voting interest support in doing so.

This is an excellent question, but the details sound suspect. Clearly the poster is uncomfortable with this person, but if they have been elected before, perhaps the poster's feelings are not unanimous. Any comments about the bankruptcy may be premature and ill informed. I have to agree with Joyce here that if the unit owner is current on their dues/assessments, then it is possible that they are merely trying to renegotiate their loan terms. I encourage you to run yourself and campaign on behalf of others you believe would be better for the community and encourage others to do so as well. When doing so, avoid any mention of the bankruptcy or financial information as you may find yourself in trouble for libel or slander.

As long as the board member is current in paying his assessments he has the right to remain as a board member. His personal finances are of no concern to the HOA. No one knows why he is in this financial difficulty with his mortgage co. 
 
 
 
If and when the bank forecloses and takes title to the home only then will he be required to step down from his board position as he will no longer be a member of the assn. Know that this could take quite a long time. If in the meantime you feel he should be removed from the BOD, the only way to do that is to unseat him in an election.

Isn't there a conflict of interest occuring though? This person who wants to come back on the board (who is in foreclosure) then becomes privy to legal discussions with the attorney and is biased in the vote for or against legal proceedings against them by the association. We have had to pay legal fees to our association attorney to defend our assocation against the bank who is suing us so that they can be higher in the pecking order should we have a lien against the owner/board member.  
 
 
 
We are a small association with great difficulty in even getting enough people to be on the board, let alone getting qualified members, so voting by the owners doesn't even occur. Board members usually appoint themselves to the board every year. This person has shown poor judgement both personally and as a board member in the past.

As to the comment of "the details soun suspect". It is on public county record that this person has refinanced their home twice since they bought it and have obtained over 80,000 in equity (for what use I dont know) the market price of real estate increased. Now this person went into foreclosure and it slipped out that they are trying to get a loan modification to lower the mortgage amount by many, many thousands of dollars. What a good deal - free money You are right I don't know this person's financial situation, but they took a gamble and lost when they refinanced their house twice and it exhibits poor judgement that can be carried over into other areas.  
 
 
 
My bigger concern is the conflict of interest that I mentioned above and the bias they would have being on the board. We are defending ourselves against this owner's bank over the foreclosur and paying fees and having conversations with the attorney. This person will always vote in favor of themselves and is not paying those attorney's fees out of their own pocket. 
 
 
 
I also stated in my previous post that no one gets elected to sit on the board. The same few people have just appointed themselves year afer year and a lot of mismanagement has occurred that the board is trying to rectify. Apparently when this person put themselves on the board the first time around several people promtly quit and more recently two people quit. Noone wants to "offend" anyone by addressing this situation but I think it is totally inappropriate and need concrete answers to back me up.  
 
 
 

Since the owner is current on their financial obligations to the Association, there would be nothing for the Association to defend itself against in the foreclosure action. This would only be necessary if the owner were behind in maintenance. So, it is my opinion there is no conflict of interest. But, even if there were, the only thing that owner would need to do is abstain from voting on the matter, and let the other board members vote. 
 
It sounds as if this owner has done nothing more than many others have throughout the US. There are many people who refinanced their houses and bought luxury items, used the monies to start their own business, simply lived above their means, or any one of many reasons. It is not up to you to condemn them, nor is it really your business to get involved in their personal finances.  
 
You must again remember this person has obviously been elected so they obviously have community support.  
 
Whether or not they are elected in the future, should not be based upon their personal finances, because one cannot assume their choices are actually bad or improper given their financial situation.  
 
Look at Donald Trump. How many times has he and his companies filed for bankruptcy? Must be something to it.

When one goes to work for most companies, a credit history is obtained and personal finances ARE considered during the application/hiring process. It shouldn't be any different on a board of any kind. A person with a bad personal credit history is a risk.  
 
 
 
In our situation this person has a track record of poor decision making on the board, yet there is enough "good ol boy" influence and a way of charming people into being believed even when lied to. Also, most of the board has been friends for years, which I think makes for bad business decisions. As I said previously, there are never enough people to be on the board so the same people volunteer over and over - and everyone is so apathetic that noone has cared. I have become the pariah because I expect everyone to follow the rules.  
 
 
 
Shouldn't there be a background financial check and accountability when applying for a seat on any board where hundreds of thousands of dollars are managed each year? We have a board that is filled with volunteer owners who have no CLUE as to how a board is run and get upset when the rules and statutes are brought up. The board refuses to work with and pay for a management company to keep things on track and in line with the statutes. It is a nightmare and so much work to be self managed.  
 
 
 
Our members' "qualifications" for being on the board are "I've lived here for many years" and "I've served on the board before", yet rules and statutes are constantly ignored or bent because it is incovenient to do otherwise. I am the only one who has even read the statutes. "We are doing the best we can" is the often repeated mantra.  
 
 
 
This is a business and an investment and our homes.... and people who can't managage their own personal finances or have any idea of how a business is run should not be managing an association, even if their assessments are up to date. MY investment is at risk, and in this uncertain economy, it doesn't need to be made worse by this situation.

if an elected board member quits paying his monthly assessments- what can the board do to get him removed? he has refused to resign after the board asked for his resignation. we have a law suit pending and he is in collections currently. he has no intention on paying the association as he is planning on filing bankruptcy.

Once someone is elected to the board, only a vote by unit owners in accordance with your declarations and by-laws will remove them from their position. What I'm hearing is a great deal of emotion and boards are to be run without personal agendas. What you personally think is irrelevant because serving on the board is a legal right by each unit owner and it is not up to you to decide their fitness. If you want someone removed from the board, check your governing docs and learn how they work. If a unit owner majority vote is required, attempt to get one without libel, defamation, and harassment. Moving forward in a respectful manner without emotion is the only way unit owners will respond.