California-Director Qualifications Via Rule Change

I recently asked the question of Adrian Adams and today came the response.

For California associations only: http://www.davis-stirling.com/Newsletters/2014Newsletters/ChangingDirectorQualifications/tabid/4227/Default.aspx#axzz33DI0VKUW

I have mixed feelings on the issue of limiting board membership.

An HOA or condo board typically deals with millions of dollars worth of property. In most associations, only a member may serve on the board. Is this really a wise decision? Does purchasing a home or condo somehow imbue one with the business skills and experience to manage an association?

Rather than arbitrarily limiting who may be a director, let the ballot box decide who is qualified. I have no idea why a non-owner, non-member, or non-resident would want to serve on the board but if the members vote such people in, so be it.

In my own association, we have large rural parcels that are only about 10 percent occupied by full-time residents. In the eleven years since the owners have taken over, the directors tend to be mostly full-timers. This is because few non-resident members vote, allowing the full-timers to vote for themselves and their friends. The downside to this is that these people also tend to be retired blue-collar workers with absolutely no experience in running any sort of a business and the association is beginning to suffer as the directors focus their attention on petty internal squabbles instead of focusing on the mission of the association.

I had asked a question three different ways to finally get a response from that website. All I was trying to get out of them was, can the Board institute a rule that would allow difference factors that were "fair and reasonable", using the Friar HOA as case law.

In creating our election rules, I put a qualifier that a nominee must return a candidate nomination form along with a signed candidate pledge. Our attorney, who works for the law firm who is referenced, said it had to be placed in the Bylaws. His boss has a different opinion.