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DonH9 (Texas)
Posts: 3
Posted:
We have several members on our Board who are not property owners and not full time residents. For example, one is the daughter of a property owner and does not live here. Our HOA docs do not specify. In Virginia, can they legally be in that position? Or is that strictly an individual HOA policy we need to revise?

LarryB13 (Arizona)
Posts: 4,099
Posted:
Don,

In most states an incorporated HOA is treated like any other non-profit corporation. Unless there is a state law that says directors must be property owners and/or must be residents it is up to the individual association to adopt bylaws limiting directorships to owners or residents.

Most associations go through a period of developer control. Developers and their appointed directors seldom own and live in the development. Therefore, it is not likely that the developer would have restricted directorships to only those who own and reside there. If the homeowners want such a rule it is up to them to adopt it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Don,

It's strictly based on what your governing documents say.

Although, VA Corporate law (specifically VA ยง 13.1-854) allows an Association to adopt qualifiers (what qualifications an individual must meet to serve as Director), most governing documents (when initially written) are silent about qualifiers.

If your governing documents are silent (i.e. there are no qualifiers that say a Director must be in good standing, a member of the Association, etc.) then anyone (even Jon from NY or JohnB from SC or I) could serve on your Board if we were so inclined and properly elected or appointed.

The solution is to:

a) make sure that there is enough participation from the membership so everyone can choose whom they want to serve (and prevent vacancies which allow the Board to appoint someone to fill the vacancy).

b) gather support and recall the individual(s) or simply don't reelect them.

c) gather support so amendments to the Bylaws can be made to have specific qualifiers on who may serve.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Don,

Is your Association under membership control or is the Declarant (developer) still in charge?
DonH9 (Texas)
Posts: 3
Posted:
Thanks to all for you comments. I understand our laws a lot better now.
Our HOA was established over 40 years ago. So the rule book is only a few pages long. We like near a lake, so 80% of the homes here are second/vacation homes. Those of us who live here full time feel the vacationers do not have our best interest in mind (limited upkeep during the off-season, voting against a snow removal contract, etc). But, again, thank you for your time and help.

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