ANSWERS: 5
  • Why would you want/need to know that?
  • I want to know because I don't believe the BOD is doing anything about delinquent dues. In addition, it is also my understanding that one of the board members is delinquent.
  • No. You do not have a need to know until their property is forced into foreclosure. These data are published in local newspapers of record. Let me ask you. Would YOU want others to know if you were temporarily "financially embarrassed"? It happens.
  • I agree with you about not embarressing anyone who makes a temporarily mistake. The issue here is my HOA has a Board Member that was over a year behind in assessments and only paid up what was owed so they could be on the BOARD. The association was not aware of this at the time of election. I feel we were very mis-lead and now there is also a question as to whether this Board member actually lives in the community. Something they refuse to show proof of. The remaining Board members believe this particular member doesn't live here as well, but they just don't want to deal with it.
  • No, you have no legal right to know if your neighbor is delinquent. That information is confidential to your neighbor and the HOA. If you are on the Board, you would be privy to this information as part of carrying out your job as a Board Member and would be required to keep it confidential. If you are not a Board Member, you have no right to know and nobody is allowed to give you this information. If the HOA gave you this information, your neighbor could sue the HOA and anybody who used that information to try to shame him. If your Bylaws explicitly state that delinquent Homeowners cannot serve on the Board, your neighbor could not serve on the Board but, as soon as he paid up, he could. Even if he paid up after the election, it will be nearly impossible to remove him. If nobody ran against him in the election, it will be nearly impossible to remove him, even if he never paid his fees. If your Bylaws don't forbid a delinquent Homeowner from being elected, he can be elected, even if he never pays his fees. If your Bylaws don't forbid non-Homeowners from serving on the Board, they can be elected. If your Bylaws are silent on who can serve on the Board, anybody can serve on the Board. If the Board Member lied during the election but he was the only candidate, he can still serve. If he remained silent and won against other candidates, he can still serve. You seem to be unhappy with delinquent homeowners. Your best bet is to get elected or appointed to the Board and address those issues directly. However, if you have some personal gripe against this guy and you want to get him removed from the Board but there is no willing replacement (including yourself), it won't work. You can't legally obstruct the Board, just because you don't approve of somebody on it.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy