Question:
We’re an Association of attached town homes. We (the Board) want to pass that, to become and remain a Board Member, homeowners cannot be delinquent on their association dues 2 or more times within 12 consecutive months. Some of our Board believes this would be illegal. If correct, is it something we could put forth to all homeowners to vote on?
Answer:
This qualification (that a homeowner not be delinquent in the payment of dues) for eligibility to serve on the board of directors is perfectly legal. You would need to amend the qualifications of directors section of your association’s by-laws to provide that any homeowner, who has been delinquent in the payment of his or her Association dues two or more times within any twelve-month period, is ineligible to serve (or to continue to serve) on the board of directors. Typically, an amendment to the by-laws requires a vote of 66 2/3rds of the members.