First have you read your master deed and by-laws? More likely than not those are the governing rules and regulations. Second, have you search your state statutes.?
It would be incredulous and irksome that you ask this question without checking those governing documents.
John mastro: if people read their documents and understood them there would no need for this website.,
@John...if by 'people' you include the Board and Management companies then I agree with you. But most Boards create rules that have nothing to do with following the declarations and by laws. Don't be so quick to judge a homeowner. A lot of questions here are, 'what do you do when the Board doesn't enforce the governing documents.' In this case, they are playing favorites, and with only a 6 unit condo, it's a bit difficult to call them out on it. If there is a 4-person Board (Pres., VP, Sec., Treas) then the other two unit owners have no voice.
Would you want them on the board? So absolulty NO and even if our dec. stated they could be, I would make sure they weren't..... Do yourself a favor if you don't have a copy of your docs, get one.
That's what is wrong with many assoc and HOA's they leave it up to other people to tend to business nor do they care. Get involved with the board and know where your money is going.? Cause in the long run you will be much happier.
There are thieves in every aspect of busnisess
Ours was caught in time.
Our documents clearly say no if delinquent 90 days or more. However, there has recently been a lower court ruling that overrides that article. Go figure.
Wow. I disagree with all replies. I do not see how anyone can conclude that the board is the villian here,playing favorites and disregarding declarations and bylaws. Maybe they are but I do not think you can come to that conclusion based on the wording in the original question. Nor can one conclude that the questioner has not already referenced is/her governing documents. The questioner asks if an officer can remain an officer if they are not current with their assessments. Then he/she asks if such a situation exists can other officers be removed "as well". Then he/she asks what he/she could do to "enforce these rules". The first two questions seem to ask things that should be addressed in the governing documents and the last one seems to indicate there IS something in the "rules" about this type of situation. In other words, the question is not clear so it is not possible to answer it. In my governing documents there is nothing about this type of situation. I wonder why the officer has not been able to pay his/her assessments. Is the reason so horrible, permanent and devastating to the other owners that it should prevent giving the person a break? For example, is the person in Afganistan, or sick, or in a financial bind? ( And I,m sure some yo-yo will be recommending contacting a lawyer - which seems to be a knee-jerk frequent reply in these blogs).
In Florida anyone 90 days late for any money due is automatically off the Board by State law.
In our PA condo, fllowing PA UCA, anyone over 18 who resides in PA can be on the board. AND I agree.
How about if you owe $8? How about if a current board doesn't want you to run. So they fine you or send a delinquency letter?
Remember, people have to be voted in. If owners feel someones contribution is more valuable than the rest of the candidates, so be it.
In Florida there is a statute that say you can not be more than 90 days deliquent to serve on your HOA or Condo Board
We had a bankrupt board president and the other board members let him serve no need to explain that our association ended up next to bankruptcy..
Till owners woke up and removed him by a petition. He was asked to resign but he refused... So
..really not a good idea to have a delinquent board member and especially the president...
I can't believe FL has such a rule. They do, and so does PA, say a board MAY suspend certain priveleges including voting. The right to hold office I'm sure is not tampered with.
I asked the question, and Linda and "R" are correct. It is a 3-member board, but the 4th owner always votes with them. I and the sixth owner have NO voice. I did call an attorney in Cook County who told me (without reading our documents) that the delinquent officer should be removed and that the other 2 officers should also be removed if they will not remove the delinquent officer. I'd have to hire her to read our documents and write the letter, but I hopes to address this without resorting to hiring an attorney. I've read our documents, bylaws, etc. but can't find any clear rules on it. The officer who is delinquent had been without a job for a while. S/he is finally making partial payments but is not up-to-date, and the officers aren't asking the delinquent owner to pay the $25/monthly late fee until s/he catches up (supposedly by the end of the year). It is very frustrating to live in this building when I have no voice. I am an extremely active participant and was an officer for 5 years, but when it comes down to any vote, I and my neighbor have no say. Ever.
"Can an owner who is not paid in full on his/her monthly assessments be an officer of a condo association in Cook County, Illinois?" Okay, I went through (765 ILCS 605/) Condominium Property Act for Illinois and as far as the law for Illinois is concerned, if your name is on the deed you are considered a "unit owner" and eligible to become an officer. Part of the scrutiny in being nominated for an officer could, under state law, prevent you from becoming an officer. Once an officer there is no provision, under state law, to remove an officer. However, the state law points to the bylaws of the community to determine that.
When your condominium was incorporated, declarations had to be filed with the county, Wake in your case. Part of the declarations is the covenants and within the covenants is usually the first draft of the bylaws for your community. Most communities will have bylaws that were built from the covenants but expanded and modified to suit the needs of the community.
Bottom line, you need to refer to your community's bylaws for a determination. Should nothing be covered for your situation, then try the covenants.
For our HOA, only the Board of Directors can remove a President from office. It would take an all member meeting to remove someone from the Board of Directors.
"If other officers allow that owner to continue to act as an officer, must they be removed as well?" An owner who objects to how other officers conducted themselves in this matter should secure an attorney to review the situation and send the Board a letter pointing out that failing to comply with the bylaws could expose the Board to litigation.
"And if the above are true, what could I have to do to enforce these rules in a 6-unit building?" And this leads me to the 'best practice' for any owner to follow. As an owner, you are part of a community, regardless of the number of total units, and it is in everyones best interest if you all live in peace and harmony. As a non-Director in a HOA, you should not have any awareness of anyone's financial position regarding assessments. Having that knowledge could put you and whomever told you at risk of violating a right to privacy act. Your HOA should have a "collection policy" that describes the steps that the HOA will take to bring an owner current with their assessments, the last step being to put a lien on the property and subsequent foreclosure. However, the Board (not the owners) of Directors need to take into consideration the reason for and the degree to which an owner is behind in their assessments when invoking the collection policy. As long as HOA business is being conducted appropriately and they are not asking for special assessments or an increase in assessments to compensate for an owner who is in the rears, leave it alone.
Florida's rule under statue 720 states that no one may hold office if they are behind in dues or have a felony. If elected they may be removed by notification. Read statue 720 or your states rules and regs. for condo's
Personnaly, if I couldn't get a cronic delinquent homeowner off of the board (whether the state allows it or not) I would do my best to sell and get out before the home values fell. Low reserves and high delinquency lowers home values. Let the other board members cover the shortfall if they like the delinquent member so much.
There is still something to be said for common sense. Would you want somebody to manager your finances who couldn't manage his or her own for whatever reason? The law is clear the board is responsible to take fiduciary care. You will have to be very watchful of your bod financials. Such a persons ability to make sound financial decisions or contribute to the board's financial health is questionable.