Delinquent in Assessments But Still on the Condo Board

M.K. from Fairfield County writes:

Dear Mister Condo,

Can members be on the Board who are delinquent in common charges or are in foreclosure?

Mister Condo replies:

M.K., unless the community association governance documents state otherwise, the answer is “yes”. However, unless there are no other candidates for their Board position, there is no reason the association members shouldn’t seek a member in good standing with the association to serve when the next election cycle comes up. Unit owners would be foolish to continue to elect any unit owner delinquent to the association for any reason. How can they expect that this individual will uphold the rules and regulations of the association when some of those rules are aimed at collection activity against the sitting Board member? There are some governing documents that preclude members not in good standing to serve on the Board but that is the exception and not the rule in my experience. Check your documents and see what yours say. And get ready with a replacement candidate for the next election. All the best!

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