Non-Resident Board of Trustee Member

I would think that if he was never formally removed from the board or replaced then it would be OK. Normally he should have been removed and his position given to someone else. If that didn't happen and there was no one in the position what is the problem ?

All this provided was the physical location of the individual.
It did not tell us if they ever resigned their position from the Board.

If they did not resign, recalled or removed, that individual would have still been a duly elected Director.


In addition to my earlier statement (If they did not resign,. . . would have still been a duly elected Director) it is likely that the Board would have the authority to appoint individuals to fill empty seats, including the Director who resigned the seat earlier.


To answer that question I would need to know the answers to the following questions:

1) Do your governing documents require Directors to be residents of the development?
2) Did the individual resign when they moved from the development?
3) Does the Board have the authority to remove a Director for any specific reasons (like missing x meetings)?
4) If the answer to #3 was yes, what is the language that gives them that authority?
5) If the answer to #3 was yes, did the Board actually exercise that option and remove this individual from serving as Director?
6) Was the individual recalled by the membership prior to them moving?

I can't imagine how someone can be an effective board member living in a different state.