How Does Your Association Address Board Members Who Are or Are Not Actively Living In The Community?

Hi Bill:

None of the associations I deal with have the requirements you are asking. In fact the home in NV states:

Section 4.1. Number. The affairs of this Association shall be managed by a Board of five (5) Directors, who need not be members of the Association.

LOL … they have not yet removed verbiage after developer left many years ago. Once I get home in CO settled will need to spend more time looking into the new NV hoa.

The following is stated in FL Non-Profit Corporation statutes which may help for your info:

617.0802 Qualifications of directors.—

(1) Directors must be natural persons who are 18 years of age or older but need not be residents of this state or members of the corporation unless the articles of incorporation or bylaws so require. For a corporation organized according to the provisions of s. 501(c)(3) of the Internal Revenue Code of 1986, as amended, but not for a corporation regulated by chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723 or a corporation for which membership in such corporation is required pursuant to a document recorded in the county property records, one director may be 15 years of age or older if so permitted in the articles of incorporation or bylaws or by resolution of the board of directors. The articles of incorporation or the bylaws may prescribe additional qualifications for directors.

(2) In the event that the eligibility to serve as a member of the board of directors of a condominium association, cooperative association, homeowners’ association, or mobile home owners’ association is restricted to membership in such association and membership is appurtenant to ownership of a unit, parcel, or mobile home, a grantor of a trust described in s. 733.707(3), or a beneficiary as defined in former s. 737.303(4)(b) of a trust which owns a unit, parcel, or mobile home shall be deemed a member of the association and eligible to serve as a director of the condominium association, cooperative association, homeowners’ association, or mobile home owners’ association, provided that said beneficiary occupies the unit, parcel, or mobile home.

BillG,

If your homeowners don't want someone who doesn't actively live in the community or someone who lives there only some of the time to serve on the board, they just don't have to vote for them. Simple. That's how we solve the problem.

Trying to pass such a rule is sometimes the minority trying to force their will on the majority.

If you don't think a particular person should serve on the board, for whatever reason, don't vote for that person.

We have no requirement that you actually be a member to be on the board and have no requirements as to their eligibility once elected. With that said there are some places that do and if it works for them that is great. At the end of the day if the people want it then do it, if they don't then don't worry about it.

Side note, there was a reference made to folks behind on their dues losing their right to vote...that is not entirely accurate. Some states still allow them the right to vote if they are behind on dues.

Hi Bill:

You did not state whether you are HOA, Condo, etc.; however, in FL you potentially cannot limit to a provision of actively living in the community. Per HOA statute and Condo would most likely have something similar:

720.306 Meetings of members; voting and election procedures; amendments.—

(9)(a) ELECTIONS AND BOARD VACANCIES.—Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held or, if the election process allows voting by absentee ballot, in advance of the balloting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters.

Hello BillG:

I am also from Florida. What part do you hail from? I am in Broward County.

Our Board members do not need to live in the community, they just have to have an ownership interest in a condo. In fact our documents state that the spouse of a member is also a member. We have one couple who lives in the community, but only the wife is listed as the owner at the courthouse.

In our Association it is almost impossible to vote someone off the Board. Not many people (including myself although I am now Secretary) want to be on the Board. We also have an aging population 80s and 90s and one 101.