Renters as Committee Chairman

Our HOA Board says that renters cannot be chairpersons of a committee because they do not have the same rights as an owner. Our CC&Rs and By Laws do not preculed a renter from chairing a committee, only from being on he board. The owner has already given up his right for use of the association recreation area by giving up his key to the club house area. The owner still has the right to vote but not the renter. Is there a state regulation prohibiting renters from chairing a committee?

Raymond,

Why did you post the same question twice (one on 7/11 and this one on 7/12)?

OK. Let me try to be more direct in answering your question.

If there is nothing within your Associations governing documents requiring certain gualifications to serve as chair person OR if there are qualifications and a renter meets them, the renter may serve as chairperson if the group appointing the chair (Board, other committee members, general membership) desires it.

Just because someone meets the qualifications to serve doesn't mean that they will be appointed to the position they want. It's the option of the appointing body (usually the BOD). If your BOD believes that renters should not be members of committees or serving as committee chairs, then they may certainly make decisions based on that belief. A different Board might believe differently.

Again, just because there is not law preventing a renter from serving, there is also no law requiring renters be allowed to serve. It is left to the desecration of the Board. Your Board apparently said no. When the Association elects a new Board, that board may or may not allow it.

Raymond,

You need to remember that as a tenant you are considered a guest of the member and not a member of the Association. Tenants typically have no rights within an Association. They are allowed to use Association facilities because the member has extending those privileges to you (usually as part of the rental agreement). The landlord did not give up his right to use the Associations recreation area, he is allowing you to use it as his guests and provided his key.

Many Associations are appreciative of any residents who volunteer to help out. If the Association you live in doesn't believe you should serve as chair because you are a renter, try not to take it personally. There are other ways you may contribute and, hopefully, over time change the opinions of those who don't want you to serve.

Tim

If the CCr and Bylaws do not exclude renters or specify who can serve there is no limit to any group serving. You would not have to live in, own, or rent. The homeless could control the whole mess. Why not? We have a board member on our BOD who neither lives nor owns. He was VP. If one or two individuals owned enough properties they could vote in an all renter board. What a blast that would be. Kind of like PLANET OF THE APES only the renters would contol the owners.