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CindyW2 (Missouri)
Posts: 4
Posted:
We have a new HOA. Our neighborhood is 5 years old. We have 2 neighbors that have been here as long as the home owners and they are renters. They are very good neighbors and take care of their homes and yards. My question is can they serve on the board of the HOA?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
NO. They are NOT members of the HOA. They aren't even supposed to attend meetings. Not to say good renters shouldn't be involved. It's just technically they are NOT owners and do not hold any of the rights as owners. They don't even pay the assessments/dues to the HOA.

It's great to have good renters but there is a line. Unfornately, they do not meet the requirements to be a HOA member.

Former HOA President
RobW (California)
Posts: 279
Posted:
Don't mean to argue with you Melissa, but what you are saying isn't necessarily so.

Whether or not a renter can serve as a Board member depends upon the state, and it depends upon the governing documents. In California, for example, unless the governing documents prohibit it, a renter can serve as a director, an officer, or both.

Also, it's not accurate to say that renters "are not supposed to" attend board meetings, but rather, that they ordinarily do not have a legal right to attend, without the board's permission. Some HOAs invite renters to attend board meetings, and allow them to participate in the open forum section of the meeting.

Rob
CindyW2 (Missouri)
Posts: 4
Posted:
Thank you MelissaP1. I did not think so. It has been asked at meetings and I was not sure. In our neighborhood though the renters do pay HOA dues. That is why the question was brought to our attention. I just did not know the answer. Again thank you.
CindyW2 (Missouri)
Posts: 4
Posted:
Thank you RobW. Yes in our neighborhood they do attend our meetings and like I said they pay HOA dues.
RobW (California)
Posts: 279
Posted:
Cindy, what kind of HOA do you live in? I've looked for any Missouri statues that might prohibit a renter from serving as a member of an HOA board, but so far, haven't found anything. What do your governing documents have to say about it?

Rob
CindyW2 (Missouri)
Posts: 4
Posted:
Hi Rob. We are very small and brand new. We have 44 homes and 1 common area with pool. We only have 2 renters and they have been here since the neighborhood was built. They are very good. They neighborhood is 5 years old. We have just established the HOA. So this is new to me as well as the others on the board. They pay dues like everyone else and attend the meetings that we have had. No one has a problem with them coming to the meetings and enjoys their input. I havent been able to find anything as well so thats when I turned to this community for help. Thak you so much for all that you have done.

Cindy

RobW (California)
Posts: 279
Posted:
Hi Cindy, this is by far the best online forum I've joined. Most of the regulars who post here are motivated to help others, with no obvious hope of gaining anything by it, at least not in any material sense. For me, personally, it's partly altruism, and partly what I suppose you might call enlightened self-interest. I like the challenge of digging to the bottom of many of these questions, and the research I have to do makes me a better-informed volunteer in my own HOA.

In your case, I've failed to find anything online about your question as it pertains to renters serving on your board, and unless the state of Missouri prohibits it, only your governing documents might speak to it. If they don't, then I can't see any reason why renters can't be members of your board, or at least officers.

Let me tell you what I found on my end, and I'm speaking only for California HOA statutes in general (Corporate Code/Davis-Stirling Act), and also for my HOA (177 units, of which 156 are condos, and 21 are town houses).

California statute: There is no prohibition in the Corporate Code to allowing renters to serve as directors or officers of an HOA.

My HOA governing documents: Our CC&Rs are silent about it, but our bylaws state that the directors have to be members, and only homeowners can be members. That means renters can't be directors. However, the same bylaws go on to state that only two officers must be directors. The rest can be non-directors, and nothing in the bylaws prohibits renters from serving as officers. I believe (and this is only my gut feeling, non-attorney opinion) that your board could appoint the renters to serve as officers, unless specifically prohibited from doing so. Keep in mind that if Missouri is like California in this regard, officers don't have voting rights - only directors do. But that does not mean that your board can't honor these fine neighbors by giving them useful tasks to perform, if they want to volunteer.

This is only my opinion, but I strongly feel that one of the problems with HOAs is that they don't try very hard to include renters in their activities, or to even seek input from them, and just because they aren't homeowners does not mean they aren't neighbors. They share the facilities, they enjoy many of the same privileges, and they are certainly no less observant nor conscientious than homeowners by default. When HOAs ignore renters (except to complain about the), renters often feel excluded and disenfranchised, and this can't be good for anyone.

My 2 cents, anyway.

Rob
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am confused about the renters paying the dues. Maybe they pay them on behalf of the owner? Ultimately, it should be the owner who pays the dues. I know that Florida allows a renter to pay dues for an owner that is behind but not aware of them paying regular dues.

This doesn't make sense to me that the renter would pay the HOA dues directly to the HOA. That is because this is an excellent tax break for the owner. I know that my HOA dues were tax deductible when it was RENTAL property. So the owner NOT having a check written to the HOA in their name wouldn't provide a receipt for them to claim the dues. It would also add confusion if indeed a collection issue was to arrive.

I am NOT against renters attending meetings at all. However, it does add some confusion to the meetings when their votes don't count. In our HOA renters did not have voting rights. We did have some good renters and I did take in their feedback.

Overall, I am hesistant about renters being board members. They can provide valuable input and volunteer. However, to have the benefits of owners is a bit much.

Former HOA President
RobW (California)
Posts: 279
Posted:
I understand your concerns, Melissa, and it may very well be that renters can't be directors in this situation, either.

I share your confusion about the renters paying the association fees directly to the HOA. How does that work? Is the HOA communicating directly with the renters in official correspondence?

On the subject of benefits: Here in my HOA, homeowners give up some benefits when they rent. For example, they transfer to their renters their pool privileges, spa privileges, use of the tennis courts, sauna, rec room, etc.

Rob

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