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Can delinquent condo association member with lien stay on the board?

Posted on Mon, Nov 29, 2010 @ 12:53 PM
  
  
  
  
  
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I'm managing a 220 unit condo association in Maryland. One board member has had a collection lien placed on his unit from our association due to nonpayment of condo fees. The annual meeting is next month but this board members term will not be expired as of the meeting date. The bylaws state that any owner with a collection lien on his/ her unit cannot vote. Does this board member have to resign - not in good standing so may not be board member, or be replaced by other board members, or can he remain on board with a condo lien on his unit since his board term has not yet expired? Thank you
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Comments

It depends on your State laws. What state are you in? It maybe that the owner in question can stay on the board but he can not vote on any issues. 
 
Posted @ Monday, November 29, 2010 1:04 PM by Victor
Our HOA's rules (Texas) clearly state that every board member must keep his or her dues current on a MONTHLY basis or risk being removed from the board. Also, any board member whose dues are not current the month of the vote (say your deadline for dues is the 15th and the vote is the 16th) cannot vote. Or their vote will not be counted. 
We are very strict on board members financial responsibility to the HOA.
Posted @ Monday, November 29, 2010 1:18 PM by nancy
The Maryland Condominium Act demands that individual resign. No unit owner,in Maryland,can serve of a Board of Directors while havine a lien for non payment of monthly condo fee. Your bylaws may also have such a clause. Your board should take action by advising the delinquent member that they are nho longer qualified to serve. If a voluntary resignation is not forthcoming the Board should take action to terminate that member.
Posted @ Monday, November 29, 2010 1:18 PM by Charles Adler
Agreeing with Nancy!....This happened to us and the President had to step down. And no he/she cannot vote until they are current
Posted @ Monday, November 29, 2010 7:31 PM by s
Thank everyone for the comments. 
The Condo Association is located in Maryland. 
One question to Charles Adler- Where does it state in the MD Condo Act that individual must resign? 
I cannot locate that wording. 
Thank you.
Posted @ Tuesday, November 30, 2010 7:10 AM by Monte
can a condo president whose association is delinquent have their voting rights suspended. If the presidents association is thousands in the red they are not doing their job to collect the funds.
Posted @ Monday, February 14, 2011 1:30 PM by Ivel
a payment from the HOA insurance was sent. 3 condo associations had their roofs redone after Katrina and have loans. Can the HOA spend that money on the roads even if these other 3 associations still have bank loans for the damage that the insurance did not pay enough on?
Posted @ Monday, February 14, 2011 1:34 PM by IP
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