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Delinquency May Not Affect Board Position

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By RICHARD WHITE

Tribune correspondent

Published: July 24, 2008

A member of our board of directors, who is also an officer, is more than a year past due in maintenance payments and assessments. Should this person be allowed to remain on the board? I thought not, and asked for the person to resign, but the request was refused. The other board members are not aware of the serious delinquency because the officer has not told them.

Read your documents to find out what the eligibility requirements are for a director. Because most boards do not cite payment of current or delinquent accounts as a qualification, you likely will have to explore other options.

I would talk to the other directors about the situation. See if a majority are willing to elect a new officer at the next board meeting. Although the board cannot vote off the delinquent member, it can remove that person's status as an officer. My guess is that once demoted, the person will resign.

A proposed change to the state's condominium act would consider directors to have abandoned their office when they fall behind on their association dues and fees.

I am the treasurer and corresponding secretary for our HOA board of directors. My duties include retrieving the mail each week from a post office box several miles from our development and driving to the bank to make deposits.

I understand that board members do not receive remuneration for services, but can I request reimbursement for fuel costs in light of the ever increasing price of gas? And if so, is there a standard or set amount per mile? Finally, would the board decide whether to reimburse, or must it be approved by the homeowners?

PH
Vero Beach
The board can refund out-of-pocket expenses including gas, but that can be abused. To be fair, a log should be used to keep track of all association-related trips, with mileage, time, and purpose listed. Expense reimbursement vouchers should also be kept as records.

There is no standard reimbursement calculation that I'm aware of. I know of one association that used the IRS mileage rate for businesses, now 58.5 cents. (That's supposed to cover all of the costs of operating a vehicle.) Another association paid a per-trip rate based on the number of miles and the price of gas.

Have the board discuss the matter during a meeting so all the members will be aware of the policy and have an opportunity to provide their suggestions or complaints.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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