SteveC4 (Florida)
Posts: 154
Posts: 154
Posted:
If you dont own the towhome can you still join the board ? IM here in Florida, was wondering if you have to be a homeowner to join the association?
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Joining the homeowner Association
Started by SteveC4 • 13 replies • 1657 views
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If you dont own the towhome can you still join the board ? IM here in Florida, was wondering if you have to be a homeowner to join the association?
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Most docs specifically state you must be a member. Why would you want to volunteer, for free? What is your motive?
KarenC15 (Florida)
Posts: 118
Posts: 118
Posted:
FL statues 720 define a member as:
(10) “Member” means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee.
In our community, we have had disagreement about whether or not a non-member should serve on the board. Our covenants say a member is defined by the deed and our board is made up of members.
As a member who is invested in the property, I believe that someone who wants to vote on financial matters and manage funds should be bound financially to the property. Otherwise, someone could potentially sign a contract for a new sports complex or otherwise initiate an assessment and then the actual deeded owners would be required to pay and the nonmember who made that commitment could simply move.
There is I'm sure a lot of legal opinion about the above, but this is simply my take on it. If you are not an owner and you want to be, why not add your name to the deed or buy a property in that community?
(10) “Member” means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee.
In our community, we have had disagreement about whether or not a non-member should serve on the board. Our covenants say a member is defined by the deed and our board is made up of members.
As a member who is invested in the property, I believe that someone who wants to vote on financial matters and manage funds should be bound financially to the property. Otherwise, someone could potentially sign a contract for a new sports complex or otherwise initiate an assessment and then the actual deeded owners would be required to pay and the nonmember who made that commitment could simply move.
There is I'm sure a lot of legal opinion about the above, but this is simply my take on it. If you are not an owner and you want to be, why not add your name to the deed or buy a property in that community?
Hatred is contagious, so one should work to avoid it.
SteveC4 (Florida)
Posts: 154
Posts: 154
Posted:
We have a current renter and her step dad has brought the unit she is renting from.....so she would like to join the board? I will have to look at our by laws.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Steve
My understanding is only a unit owner is a member. In your case, the step dad is the owner, not the daughter. When more then one owner of a unit, one owner must be designated as the member. True if a married couple or a corporation.
My understanding is only a unit owner is a member. In your case, the step dad is the owner, not the daughter. When more then one owner of a unit, one owner must be designated as the member. True if a married couple or a corporation.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Steve,
Are there qualification requirements to serve as a member of your Board?
FL law says that all members may serve but it doesn't prohibit non-members from serving. However, your governing documents could.
Are there qualification requirements to serve as a member of your Board?
FL law says that all members may serve but it doesn't prohibit non-members from serving. However, your governing documents could.
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
I thought 720 was for HOAs and 718 (I think) was for Townhomes and Condos.
SteveC4 (Florida)
Posts: 154
Posts: 154
Posted:
I agree...Thank You!
LoriL1 (Florida)
Posts: 78
Posts: 78
Posted:
For clarification, not all townhomes are considered condos and would not fall under 718.
KarenC15 (Florida)
Posts: 118
Posts: 118
Posted:
Lori, I'm in FL and our association is ruled by 720. The legal name of your association will probably indicate "condo" or "homeowner" association and this indicates 718 or 720. It's likely that both would be ruled under the nonprofit corporation statute (617) if the association is incorporated and does not raise revenues.
Hatred is contagious, so one should work to avoid it.
LoriL1 (Florida)
Posts: 78
Posts: 78
Posted:
Thanks, Karen, but my response was to clarify the post from Kevin who thought that townhomes were governed by Fl. Statute 718. I probably should have elaborated and provided more of an explanation, but just wanted to point out that townhomes are not necessarily condos and can be designated as either HOAs or COAs.
JH3 (Maryland)
Posts: 67
Posts: 67
Posted:
I manage multiple communities (although not in FL), who do allow non-members to serve on the board. Some even allow *anyone* to serve (even if they do not have an interest in the association). They just have to be voted in or appointed.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By JH3 on 09/02/2013 4:36 PM
I manage multiple communities (although not in FL), who do allow non-members to serve on the board. Some even allow *anyone* to serve (even if they do not have an interest in the association). They just have to be voted in or appointed.
I manage multiple communities (although not in FL), who do allow non-members to serve on the board. Some even allow *anyone* to serve (even if they do not have an interest in the association). They just have to be voted in or appointed.
And your opinion of this?
KarenC15 (Florida)
Posts: 118
Posts: 118
Posted:
My opinion is the same as it would be to have a non-stock holder head a company. Without any financial interest, there is no legal bond to the investment (in this case, the HOA). The reason the state of FL defines a "member" as someone who can be assessed is the same reasons I would want a board member defined the same way. They are managing the property and the dues paid by members, and their signature is a commitment to future spending that is binding to MEMBERS; so they should be among those financially responsible for board decisions. A nonmember can create liability, levy assessments, sign contracts irresponsibly, defer maintenance, etc.; and then just literally walk away. You can't ask them to pay or place a lien on their property -- because they don't legally own any! I think it's a bad idea and cannot understand why anyone would do it.
Hatred is contagious, so one should work to avoid it.
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