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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Can a homeowner in a florida condominium after being in arrears

Resolved Question:

Can a homeowner in a florida condominium after being in arrears for 90 days walk into the MGMT Company demanding they now take his check and allow him to run for the BOD position?
Submitted: 5 years ago.
Category: Legal
Expert:  Sam replied 5 years ago.

Sam :

Hi

Sam :

The Bylaws should reflect that as long as the "homeowner is in good standing" they are eligible to run for the position. Good standing meaning, of course, that all dues are paid, etc. So, yes. They would be able to pay up the account and run for the BOD

Sam :

It should be in the Bylaws. The Bylaws will govern how the elections are run and who is elgible. It should reflect any homeowner in "Good Standing"

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck


 

Customer:

There was a lien placed on his unit and he refuses to pay the legal fees. Does that keep him from being allowed to run? The last day to qualify for the application to run for the BOD was yesterday at the close of business.There are outstanding fees attached to his overdues that he refuses to pay.

Customer:

Help? this is crucial so we have to be right. Good board members do not want to allow this bad guy in so they have to find a way to stop him. He will bring havoc!

Sam :

Hi

Customer:

Hi! Glad you are back!

Sam :

If he has liens, then he would not be in Good Standing

Sam :

Again, you need to review your Bylaws. That will explain who is eligible and should define the meaning of Good Standing

Sam :

So you can show him and argue that he is precluded by the bylaws

Sam :

If he owes fees, then his dues are not paid in full - That would not make him in Good Standing

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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