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DianaE (Colorado)
Posts: 40
Posted:
Does anyone know where I could find statistics regarding how many HOAs in this country allow non- members to be on BOD? I am curious, and would like to read about this.
TimB4 (Tennessee)
Posts: 21,059
Posted:
No one keeps stats like that to my knowledge.

My State has a site that lists all Associations in the State and, if they provided a website, links to their site, but that's still not going to be of much help for what you're looking for.

I do think that most boiler plate bylaws don't specify any qualification factors for Directors. Therefore, for most Associations, I would suspect that anyone may serve (even non-members).
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Identify non-members. Are we talking renters or the developers staff? I am one of those who believes that only owners can serve on boards but renters can serve on committees if it is owner operated. If the HOA is still under the developer then there could be more non-members on the board.

I like to compare non-members like a person who walks down the street and decides to come to a HOA meeting and/or run for office. They don't pay the dues or even have voting rights. It just doesn't make sense to have non-members on your board. Meetings shouldn't be open to non-members either but that depends on the situation if you have a really involved renter. A good renter may have a rent to own agreement or is unable to purchase the home due to financial situation. I have no problem involving them but there is a line for them to understand they can't vote or be in office. Otherwise I'd appreciate their participation.

Former HOA President
FredS7 (Arizona)
Posts: 927
Posted:
> I am one of those who believes that only owners can serve

I think Melissa means "should serve"

a non-owner CAN serve unless it is forbidden by the rules. Many of us believe that a non-owner SHOULD NOT be on the board. Skin in the game, and all that.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Diana,

I think one reason most bylaws do not limit membership on the board to property owners is that the developer is the one who submitted the first version of the bylaws and neither he nor his appointees to the board were homeowners within the development. After control passes to the homeowners, they could if they so desired amend the bylaws to restrict board membership to homeowners.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Larry's observation matches what I've heard too.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Our documents limit Board members to owners. This was interpreted a few years ago to mean a person has to live here to be on the Board which is not the case. Any one who has an ownership interest can serve on the Board per our documents.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Our Declaration requires that a majority of the board members be unit owners. Thus, of our 5-member board, 3 must be unit owners, the remaining 2 could be anyone, including non-owners.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Under our present Declarant Bylaws, the Declarant can appoint anyone they so desire to appoint to the BOD. Under our future Homeowner Controlled Bylaws, a member of the BOD must be an owner.

Same Bylaws.
BabetteM (Hawaii)
Posts: 12
Posted:
Our Bylaws state that all members of the Board of Directors shall be Members who are current and in good standing. "Members" are defined in our CCRs as "the owner of a lot". This has been an issue for us in the past when we've had someone wanting to be on the Board, but the property wasn't only in his wife's name, not his.

The Board has fiscal responsibility for the Association, as well as the power to enforce the governing documents. I can't imagine giving these rights to someone who is not an owner in the Association.

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