Board member past due 90 days

[Waterway]

Hello

we have a 5 member board and one out of 5 is alway last die  90 days on their HOA fees  I thought I read they should remove themselves  or what do the rules say for 

habitually late paying board member 

[RSW]

Do your bylaws provide anything about membership in the organization terminating upon non-payment of fees, or whether members with late fees have a different standing?

[Richard Brown]

2 hours ago, Waterway said:

Hello

we have a 5 member board and one out of 5 is alway last die  90 days on their HOA fees  I thought I read they should remove themselves  or what do the rules say for 

habitually late paying board member 

RONR is quite clear that unless the bylaws provide otherwise, being delinquent in payment of dues does not deprive a member of any of the rights of membership and does not cause him to not be in good standing. See 45:1 and 56:19 of RONR (12th Ed.)

See also footnote 3 to 1:13 

Edited April 18, 2021 at 03:31 PM by Richard Brown
Typographical correction and added last paragraph

[Josh Martin]

1 hour ago, Richard Brown said:

RONR is quite clear that unless the bylaws provide otherwise, being delinquent in payment of dues does not deprive a member of any of the rights of membership and does not cause him to not be in good standing. See 45:1 and 56:19 of RONR (12th Ed.)

See also footnote 3 to 1:13 

I concur, and I would add further that because the original question pertains to a board member, it should be noted that board members are not required to be members of the society unless the bylaws so provide. So even if the bylaws provide that a member is suspended or expelled from membership in the society due to delinquency in dues, this would not necessarily mean the person would automatically lose their position as a board member.

[Guest Puzzling]

20 hours ago, Waterway said:

Hello

we have a 5 member board and one out of 5 is alway last die  90 days on their HOA fees  I thought I read they should remove themselves  or what do the rules say for 

habitually late paying board member 

This might be a problem that is much bigger than it appears.

What are your rules on late paying of HOA fees? If you don't apply these rules to a fellow board member you cannot apply them to any member. 

For the rest have a look at the website of the homeowners protection bureau hopb www hopb.co for the more legal Rules regarding HOA organizations. 

The board can always ask boardmembers to remove themselves, but an board member is not always obliged to do so. But maybe it will remind the boardmember of their duties as member and that they should follow them exemplary. 

https://www.hopb.co/blog/hoa-fees-what-happens-when-homeowners-fail-to-pay-as-required

https://www.hopb.co/blog/facts-about-selective-enforcement-by-an-hoa