Qualifications for running for BOD

Started by FranD1 • 3 replies • 1339 views

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FranD1 (Pennsylvania)
Posts: 10

Posted:

Our elections are in Oct. The present pres. of BOD cannot remain (term limits} He was quoted as saying if enough members don't run, he will stay. Two yrs.ago a homeowner ran, but the board removed him as a candidate without notifying homeowners(name was still on candidate sheet) The reason given to him was he was being fined. I checked our docs but could not find any qualifications for being on board. Now I'm hearing some members (who are thinking of running)are receiving bogus violation letters (we think in hopes of keeping them from being a candidate). We do not have a nominating committee. Also, we WANT THIS MAN GONE. He's been a tyrant. This Oct.is our declaration of independence. Help! Are there any laws for HOA to prevent this political scheming. Thanks.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Unless your CC&R's directly say an owner not in good standing or has violations against them can't run, they they can run. Here's the loophole. A member/owner can run for an office regardless if they are in good standing or not. However, how many people are going to vote for a member who's not in good standing or has issues? Plus that running member can't vote for themselves or anyone else if they have lost their voting rights.

So the violation letters may mean nothing but just a tactic to throw mud. I say those who want to run, they should run regardless. That way when they get on the board, they can vote to toss out these bogus violation letters. Don't be intimidated to participate in your HOA. Only YOU can make a change...

Former HOA President

CarolynL2 (Florida)
Posts: 73

Posted:

Fran,

You need to check your governing documents and state statutes to see what they say about candidate qualifications. As Melissa stated, if your governing documents or state statutes do not require a member to be in good standing to qualify as a candidate then I do not see what authority the Board would have to disqualify them. Here in Florida we do have statutes which would disqualify a candidate.

F.S. 720.306 9(b)
"A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership."

Carolyn

BradP (Kansas)
Posts: 2,640

Posted:

As others have said check your docs to see what they need to do to run...our docs don't even require you to be a member of the association

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