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JohnC46 (South Carolina)
Posts: 14,265
Posted:
What is everyones opinion on non-owners (renters, spouse, live-in, roomie, etc) being on the BOD. And keep in mind, a spouse can be non-owner if their name is not on the title.

Also what about non-resident owners.

Thanks
ND (PA)
Posts: 792
Posted:
My opinion is that non-owners should definitely not be on the BOD since they do not have a legitimate long-term interest in the BOD or the HOA. If there is a desire for a non-owner (spouse, friend, relative, otherwise) to be on the BOD, there are ways to add them to the title and have them actually become an owner. If someone is not willing to take that step then the association need not bend or change rules to accommodate.

Non-resident owners are still members of the association and hold all the same rights as resident owners. No problems here with them being on the BOD.
MartinH2 (Florida)
Posts: 24
Posted:
What do your DOC's state?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MartinH2 on 02/21/2012 6:51 AM
What do your DOC's state?

I do not know what they say. I asked the question to see what most think versus with an agenda.

Yet the question made me look. Ours say (summary):

Directors shall members of the association or spouse of such members. No person and spouse can serve on the BOD at the same time. If the owner is a corporation/partnership, the corportion/partnership shall designate a representative and that person will be eligible to serve on the BOD.

CarolR11 (Colorado)
Posts: 2,563
Posted:
I've been on our board for 5 years and here's my experience with two non-resident owners on the board:

1. His unit here was his vacation home and his primary residence was about 1-1/2 hrs. away. He was an appointee (before I was elected) when the board was increased from 5 to 7 members. He had very sketchy knowledge of our community let alone our governing docs. He had an abrasive personality, was completely ineffective & contributed almost nothing.

2. He & spouse lived in their condo here--beginning when the project opened-- for 5 years, and then moved to a condo across the street and rented out his unit here. He'd been active on our committees before his election to the board after he no longer resided here. In his Candidate Statement for election, he emphasized his proximity and service as there were 5 candidates for 3 openings --which is extremely rare here. He was a knowledgeable and productive director.

So my experience is mixed. As in many HOA's, we usually have a difficult time getting enough volunteers for the board.
SheliaH (Indiana)
Posts: 6,964
Posted:
We don't have renters on the board - they CAN attend board meetings, but virtually no one does (of course, the members rarely attend either).

As for off site owners, we current have two on the board. One takes a few hours off from his job to attend and is pretty good. Ie's even attended a few CAI events - I just wish he had email so we can get information to him much faster, but we're working around that.

The other - well, he means well, but I think he volunteered because (1) our vice president talked him into it and (2) he was inspired partly by a blistering article in our newsletter in which we warned of possible receivership if we didn't get more people to volunteer to serve on the board (at that time, we were down to three out of seven). So far his attendence pattern is: show up one month (maybe two), miss the next two, show up for the next one (if you miss three consectutive meetings, you're off for good). then then miss again.

Our president hasn't said anything, but in light of us missing last week's meeting because only three people showed up (myself included), I'm wondering if I need to bring it up. Our president and vice president couldn't attend (the vice president had a meeting and I don't know what happened to the president) and the homeowner I spoke of didn't show up either (he was at the January meeting and I don't know what happened last week - if he'd shown, we would have had a quorum).

So, non-resident owners do have a right to serve on the board, but the key is getting ones who are committed to doing the job, just as resident owners do (or at least are supposed to)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BradP (Kansas)
Posts: 2,640
Posted:
I would disagree that non owners don't have a long term interest in the property. As the OP said a spouse could be a non owner, we have quite a few of them. The demographic of our neighborhood is it is a lot of first time buyers, some who were single when they bought and eventually married. The spouse not on the deed has as much of a vested interest in the community as the deeded spouse.

I would say this, sometimes a nonbiased opinion and perception is not a bad thing. If you have volunteers crawling out of the woodwork you don't need to worry about it, but if you don't then I would be open to having non members serve
KevinK7 (Florida)
Posts: 1,343
Posted:
One neighborhood I have dealt with had two board members who were not homeowners. One lived in the home with his partner (who was also on the board) and the other lived in an adjacent neighborhood.

My experience with them was that they were abusive - they had their own clique and wouldn't listen to anyone outside of their group. My neighbor joined the board because he was interested in helping out and like the idea of an HOA presence. The board never put his name on any official documents and kept him in the dark about everything (ranging from meetings to a long on-going lawsuit against the board and the HOA).

The board also eliminated limitations on their positions so they can run without term limits and so that there could be non-owners allowed on the board, which is mind boggling since they were originally not allowed on but they were and they used their positions to legitimize their positions by changing the rules afterwards.

Personally, I think at least one of these board members (the one who was a resident had at least a claim to the neighborhood) but I think non-homeowners (or even more importantly a non-resident) should not be allowed.

Another example is a neighboring association has a local real estate agent as their president. His company owns several homes in that neighborhood and so he uses his votes to get what he wants for the benefit of his business. He has even used his title and property to try and sway the county to place a tax on all surrounding neighborhoods for a beautification project outside his neighborhood entrance.

When outside interests are involved, it cannot be good for a neighborhood.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By JohnC46 on 02/21/2012 5:24 AM
What is everyones opinion on non-owners (renters, spouse, live-in, roomie, etc) being on the BOD. And keep in mind, a spouse can be non-owner if their name is not on the title.

Also what about non-resident owners.

John,

Irregardless what the opinions are it will depend on what the governing documents specify.

I've worked with non-resident owners who were on the Board and it worked out very well.

I have worked with non-members (spouse who wasn't on the deed) and it worked out well. Matter of fact, I only know that they weren't on the deed because I knew the family. No one else was aware of it as the Association doesn't check the deeds every election and, honestly, no one bothered to ask. Even if they did ask, our documents don't prohibit it.

At one time I went around the development soliciting signatures to create qualifications for board members. This was a good learning experience as what I discovered, in today's society many who we think are spouses aren't. Financial planning or second marriages make it prudent to only have one name on the deed. If we had qualifications that only members and/or only resident members may be on the board - what happens when people can't serve and others are tired of serving?

BrianB (California)
Posts: 2,820
Posted:
My opinion is that if they are elected, they can serve. It doesn't matter who/what they are. An informed and educated electorate thought about their qualifications, and vote them into office. They should serve.

After all, no one out there just stupidly votes without thinking, right? Something as important as casting a ballot, electing someone to handle thousands of your dollars, to make rules you have to live by, and to impact your life now and in the future, no one would be so utterly stupid as to simply walk into a meeting (or ballot box/booth) and just vote with no information what-so-ever, right?

The most important right a person has in democracy is to vote. Surely, people take that seriously, right?

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By BrianB on 02/21/2012 12:43 PM
After all, no one out there just stupidly votes without thinking, right?

Well depends ... are you considering those who do not care about a candidates character, but will just pull a party lever? They have to think real hard to do that you know.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I assumed Brian was being facetious when he said:

""""""After all, no one out there just stupidly votes without thinking, right? Something as important as casting a ballot, electing someone to handle thousands of your dollars, to make rules you have to live by, and to impact your life now and in the future, no one would be so utterly stupid as to simply walk into a meeting (or ballot box/booth) and just vote with no information what-so-ever, right?

The most important right a person has in democracy is to vote. Surely, people take that seriously, right?""""""

Right?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
As Secretary I check our assessors website before I make out ballots. I can tell who is first listed, but I can't determine who the other owners may be. If it doesn't say et all than I know there is only one owner.

I found out that one of our former Preseidents was not on the deed. But our documents state a spouse of an owner is a member so it was fine to have im on the Board.
BrianB (California)
Posts: 2,820
Posted:
John, since I can't spell facetious, I don't think I can be facetious.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Having outsiders on a board of directors is common outside the realm of HOA's. Some of the advantages of outsiders is that they may bring skills and experience to the table that cannot be found within the members, they have a willingness to serve, and they can make decisions without fear of being accused of acting in their own self-interests.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think part of it comes down to the money. A HOA Board is elected to represent the general membership in day to day operations and to manage the budget. Why would I or other members want someone who doesn't contribute to the budget control it? It's like having your niece or nephew handle your family's finances...They are related but do they make the money?

Not to say non owners like renters, spouses, or other status doesn't have a good say or lack the ability to manage...It's best to listen for their feedback/Volunteering than to hand them over a right to vote...

Former HOA President
HeleneN (Connecticut)
Posts: 84
Posted:
Our by-laws require that a majority of the B.O.D's be made up of unit owners, the remaining must be qualified residents. We have some highly qualified people living here that are not on the property deed, either for business reasons or estate planning. Unfortunately, none of them have volunteered to serve on the board.

The one thing that bothers me is that if we do have non unit owners on the board, even though they would have a vote on the board they wouldn't have a vote as a memember of the association. I'm having a difficult time wrapping my head around that. Ideally the owner of that unit would cast a vote or give the non unit owner a proxy. No one else seems to have thought about it and so for now I will just continue to think on it.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MelissaP1 on 02/22/2012 11:34 AM
I think part of it comes down to the money. A HOA Board is elected to represent the general membership in day to day operations and to manage the budget. Why would I or other members want someone who doesn't contribute to the budget control it? It's like having your niece or nephew handle your family's finances...They are related but do they make the money?

Not to say non owners like renters, spouses, or other status doesn't have a good say or lack the ability to manage...It's best to listen for their feedback/Volunteering than to hand them over a right to vote...

spouses who are not on the deed contribute to the budget...
EdC5 (Florida)
Posts: 117
Posted:
Quote:
Posted By BradP on 02/22/2012 3:07 PM
Posted By MelissaP1 on 02/22/2012 11:34 AM
I think part of it comes down to the money. A HOA Board is elected to represent the general membership in day to day operations and to manage the budget. Why would I or other members want someone who doesn't contribute to the budget control it? It's like having your niece or nephew handle your family's finances...They are related but do they make the money?

Not to say non owners like renters, spouses, or other status doesn't have a good say or lack the ability to manage...It's best to listen for their feedback/Volunteering than to hand them over a right to vote...


spouses who are not on the deed contribute to the budget...

That still doesn't make them owners.

Edward J Cooke, CMCA, LCAM
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I should have added or made a caveat about spouses...I view a MARRIED couple as one entity as some laws do. You marry someone's debt when you get married NOT just the person. So to say a person is NOT an owner because their name isn't on the deed but they are a married to that person should be a different catagory. The way we handled this is that ONLY 1 spouse at a time could be on the board. They could swap out a term if they wanted but never at the same time. This is what 1 married couple I had in our HOA did every year. They'd switch out who would be on the board that year.

With the lack of participation in a HOA, I don't believe a HOA should limit everything down to name on deed. If I were to ever get married, I wouldn't put my spouse on my deed to my home. My spouse shouldn't be punished or not allowed to participate in his living conditions either. Plus we would have differing opinions ourselves on the direction of the HOA. However, we would share one vote together.

So I consider a married couple 1 vote. How they deal with that 1 vote amongst themselves is a personal issue with them. They aren't getting 2 votes...

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By EdC5 on 02/23/2012 5:58 AM
Posted By BradP on 02/22/2012 3:07 PM
Posted By MelissaP1 on 02/22/2012 11:34 AM
I think part of it comes down to the money. A HOA Board is elected to represent the general membership in day to day operations and to manage the budget. Why would I or other members want someone who doesn't contribute to the budget control it? It's like having your niece or nephew handle your family's finances...They are related but do they make the money?

Not to say non owners like renters, spouses, or other status doesn't have a good say or lack the ability to manage...It's best to listen for their feedback/Volunteering than to hand them over a right to vote...


spouses who are not on the deed contribute to the budget...


That still doesn't make them owners.

true, but the notion that they do not have a vested interest in the neighborhood is not a true one. They may or may not be good board members just like many members are or are not good board members
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MelissaP1 on 02/23/2012 7:56 AM
I should have added or made a caveat about spouses...I view a MARRIED couple as one entity as some laws do. You marry someone's debt when you get married NOT just the person. So to say a person is NOT an owner because their name isn't on the deed but they are a married to that person should be a different catagory. The way we handled this is that ONLY 1 spouse at a time could be on the board. They could swap out a term if they wanted but never at the same time. This is what 1 married couple I had in our HOA did every year. They'd switch out who would be on the board that year.

With the lack of participation in a HOA, I don't believe a HOA should limit everything down to name on deed. If I were to ever get married, I wouldn't put my spouse on my deed to my home. My spouse shouldn't be punished or not allowed to participate in his living conditions either. Plus we would have differing opinions ourselves on the direction of the HOA. However, we would share one vote together.

So I consider a married couple 1 vote. How they deal with that 1 vote amongst themselves is a personal issue with them. They aren't getting 2 votes...

you can't have your cake and eat it too...if you don't want non-members as board members then like it or not you will be excluding some spouses that live in your neighborhood. It is just the way it is. This is one of the reasons I am not a huge fan of making board members be members of the neighborhood.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Simple fix … review the definitions in your state statutes to clarify. For Colorado the following applies:

(8) "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.

(31) "Unit owner" means the declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to section 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article.

Then it depends if your governing documents state something to the effect of “unit owner” or similar text as the statutes.
SandraZ (Louisiana)
Posts: 9
Posted:
It caused a problem with our last board 4 couples (each lot should have only 1 vote). Homeowners petition to remove all board members. Now a new board is in place. No more couples. It has created a serious problem. We currently have a renter and 1 non homeowner but lives with a owner. (currently looking to purchase a home in our subdivision)

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