Can a Delinquent Director Serve on the Board?

By August 18, 2019 September 6th, 2019 Condo & HOA Law, Treasure Coast Palm

Q:     What happens if a Director on the Board is delinquent in the payment of assessments owed to the Association? Can they still serve on the Board?

B.L., Port St. Lucie

A:        Both the Condominium Act and the Homeowners Association Act provide that if a Director becomes more than 90 days delinquent in the payment of any monetary amount owed to the Association he or she is automatically removed from the Board.  Thereafter, the remaining Board members can vote to fill the vacancy and there is no obligation to reappoint the removed Director even if he or she pays the money owed.  Note that the law applies to any “monetary amount” so it is not just applicable to past due assessments.

 


Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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