Our Clients Ask Us: Delinquent Board Members

By: Lindsey A. Wrubel, JD, MBA, CP

Q:

Our board has an owner who has fallen delinquent on their assessments. This board member has devoted many years of volunteer service to the Association, so we do not want to foreclose on the unit. May we make a concession for this owner?

ANSWER: No. The Association’s collection policy and the Board’s duty to collect against delinquent owners must be implemented in a uniform manner, regardless of whether the person is a board member. While the person’s years of volunteering are certainly admirable, this does not warrant treating the person differently. Because the person is a board member, it is even more important that the Association strictly adhere to its previous policy regarding delinquencies, so that other owners are unable to claim that the board member was given preferential treatment.

Also, keep in mind that some governing documents prevent a board member from serving due to a delinquency, or provide for removal of the person for certain or all officer positions. If you need us to look into this for the board, please feel free to contact our office.

Encourage the board member to work out a reasonable payment plan with the Association, and try to get them back on track. If they cannot adhere to an agreement, it is time to take action in accordance with the board’s regular collection policy.

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