Board member does not pay condo fees

C.C. writes:

Dear Paul:

Can we ask a board member to step down if he is delinquent on his condo fees?

Paul replies:

Dear C.C.:

I am not aware that this would be an automatic disqualification unless specifically covered in the Bylaws of the corporation. Bylaws usually provide  the eligibility requirements to be elected as a director. One must be the age of majority (18 years of age), free from mental disability, a unit owner, and not have any outstanding obligations to the corporation (arrear in fees).

The Act, and Bylaws will indicate that a director can be removed by the owners at a duly constituted special meeting. It is disappointing that someone who accepted the responsibility to serve his community and is charged with enforcing the Bylaws would himself be in breach. I would first attempt moral suasion by asking him to pay up or resign. If that does not work, owners may want an immediate replacement or ensure that he is not re-elected at the next AGM. To be fair, as with any other unit owner, a director who is delinquent on  his condo fees should be afforded the opportunity to pay his debts before any action is taken. Good luck.

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