DavidA7 (California)
Posts: 179
Posts: 179
Posted:
Can you have a Board of Director's requirement section in your Rules, Policies and Procedures document or does it have to be in your CC&R's?
We are in California
We are in California
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Board of Director's Requirement
Started by DavidA7 • 6 replies • 1644 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
David,
It would typically be in the Articles of Incorporation or the Bylaws.
Tim
It would typically be in the Articles of Incorporation or the Bylaws.
Tim
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
What is a board requirement?
Are you saying homw many on the board?
Or what time the board meetings start?
Are you saying homw many on the board?
Or what time the board meetings start?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
I'm interpreting the question as qualifications to serve as a Director.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
The requirement, if any, would be in the Bylaws, as this is the documents by which the corporation and its officers operate. To include or change qualifications, the Bylaws would be amended and must be voted on by the memebership via secret ballot.
DavidA7 (California)
Posts: 179
Posts: 179
Posted:
Yes, qualifications to be on the Board. Rights of those who live on the property as owner occupied to have first bid on seat versus non-owner occupied.
I'm now pretty sure it has to be in the bylaws which would require us to perform an amendment.
I'm now pretty sure it has to be in the bylaws which would require us to perform an amendment.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Posted By DavidA7 on 04/29/2011 10:04 AM
Rights of those who live on the property as owner occupied to have first bid on seat versus non-owner occupied.
I'm not sure that those type of qualifications are allowed. A qualification saying all directors must be members of the association I have heard of (which has it's own issues). I have never heard of giving one member more of a right to sit on the board then another member based on where they live.
Here is the link to davis-sterling.com's section on Director Qualifications.
I think a qualification like you are specifying would be considered reasonable, which is "determined by whether the requirement is rationally related to the protection, preservation or proper operation of the association." (davis-sterling.com)
Tim
Rights of those who live on the property as owner occupied to have first bid on seat versus non-owner occupied.
I'm not sure that those type of qualifications are allowed. A qualification saying all directors must be members of the association I have heard of (which has it's own issues). I have never heard of giving one member more of a right to sit on the board then another member based on where they live.
Here is the link to davis-sterling.com's section on Director Qualifications.
I think a qualification like you are specifying would be considered reasonable, which is "determined by whether the requirement is rationally related to the protection, preservation or proper operation of the association." (davis-sterling.com)
Tim
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