What does “member” mean when condo and HOA docs say only members can serve on a board?

Here is the deal with that statement. Feel free to disagree if one must. Whenever HOA's are first form they are done so by the Developer/builder. When it is builder controlled one does NOT need to own property in the HOA to be on the board. The builder/developer can simply assign someone out of their office or hire someone off the street to do the job. Hence why it is in the documentation that one does not have to be a member to be a director. The person the developer is or hires will be a director. This may also allow for them to have a Project manager manage the place as well as they are not members of the HOA either.

Fast forward to when the HOA is turned over to the owners...What happens? Most forget to update/change their documents to no longer refer to the builder/developer in their documents. They leave the 2 voting system in there as well that was for the developer/builder's purposes to have control. If the HOA does remove the references they overlook the statement in regards to not having to be a member. The wording of it since does not contain a builder/developer reference often gets overlooked by even legal when removing the statements. So then this turns into a rule almost by accident and then adapted as if it's supposed to be there.

The reality is if you have this rule it means anyone walking down the street or a renter can be a director. Does that make sense? I am one of those who believes only members who are owners should be on the board and directors. That does not mean a spouse or renter can not be on a committee. Committees are open to everybody for the most part but maybe the ACC.

It is always a sticky situation with spouses. A member is typically the one on the deed. It would seem if a married couple served on the board their vote would double. Although a board vote is different than a general membership vote. A board vote represents a majority of what the owners want as the BOD represents the membership. The general vote is representative of what each individual owner wants. A married couple can throw a wrench into that. I had a married couple on our board but they switched out every year.

So yes there is an answer for you...Leave no doubt most of us have been there and done that...

Melissa

hmmmm, I never thought about the Developer controlled documents...
See, that is why I posted this here!

My husband, the detailed engineer, usually has all the answers but I am going to throw this at him now.
You might be on to something!

Why does this seem like I am always on a scavenger hunt when searching HOA law..???

thanks!

Was that meant for me? The tough love part is are you trying to keep them legal or wanting them to do it the way you believe/think it should be done? Sorry but I believe you are trying to do the latter.

Hope this helps.

"Soooooo, without wasting money on an attorney....Can spouses serve on the Board and/or Board and ARC at the same time? "

Yes in Fl with two exceptions:
1) Unless your docs say otherwise.

2)Except for a Fining Committee. as FL720.305(2)(b)states:

"A fine or suspension may not be imposed without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.

"the FL HOA law can drive one mad! The more you search, the more you go around in one big circle."

Not if your qualified to pratice it.

Well lets see, you said your governing documents say two different things.

The answer can't really be provided unless you can tell us which of your governing documents said what?

As for what the Statutes specify:
FL 720.306(9)(a) specifies that "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."
Therefore, you may not have a covenant, restriction or procedure that restricts a member from being a candidate.
Note: this statute doesn't prevent non members from serving on the board. It only specifies that the Association can't prevent a member from being a candidate.

I agree with Ellie. I do not understand the question, either, due to the above contradictions.

Of those things you posted, only what's stated in the bylaws seems to be relevant as it dictates who may be a director. i.e. anyone. The logical interpretation would be that it permits a renter (non-member) to be a director.

The FL statute and the Covenants merely seem to be defining what a "member" is and that they're eligible to serve on the board. It's not stating that ONLY they are eligible.

Tim....thank you