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.”