QUESTION: What about a director currently serving on the board who is in the process of foreclosure and delinquent in his association dues? Doesn’t seem responsible to have someone on the board making financial decisions for the membership if they can’t keep themselves out of financial hot water. Can the board remove the director having the financial woes?

ANSWER: Not all owners with financial woes are financially irresponsible. A lot of people are out of work through no fault of their own. If you want to prevent delinquent owners from serving on the board, you need to amend your bylaws to add director qualifications. Absent any provision in your bylaws, your board cannot remove a delinquent director.

Sincerely yours,

Adrian Adams, Esq.
Adams Kessler PLC