Q&A: Delinquencies and Board Elections

Q Can a condo owner be elected president if they have a lien on their condo due to  not paying some of their maintenance fees? Is this a conflict of interest?  

 —Conflicted in Camden  

A “Each condominium association's bylaws contains a provision dealing with the  qualifications of trustees,” says attorney Ronald L. Perl of the Princeton-based law firm of Hill Wallack  LLP. “Most often they also contain a provision defining "members in good standing." In the vast majority of governing documents that I have reviewed over thirty  years, members who are delinquent in paying their assessments are not in good  standing and prohibited from voting in elections for board members. However, that is not necessarily the case with regard to running for a board  seat. Where I practice (and this may not be the general rule nationally) most  provisions stating the qualifications for becoming a trustee do not contain a  "good standing" requirement. Many do contain such a provision, but it is far from universal. Moreover, the governing statute in my jurisdiction defer to the bylaws on this  issue. The bottom line: check your governing statute and bylaw provisions for your association. They should contain the specific answer for your association.”    

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