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.
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