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MarkR14 (Texas)
Posts: 39
Posted:
Do any of you have instances where you have a Director who no longer lives in the property but instead leases it to someone else? Our association documents don't expressly forbid it, but should they? Do yours?

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

We actually have zero qualifications to serve as Director on our Board. This of course means that you could serve as a Director in my Association (we have a vacancy if your interested )

I actually looked at having a qualifier that only members may serve. However, in gathering signatures I became educated in the issues of the day and chose to abandon that cause. It seems that we have a large number of elder persons in our area (or did at the time). Many of those were, due to financial reasons, simply living together vs. being married. Those that were on second marriages chose not to place their new spouse on the deed to the property (many said it kept peace with the children). Having a "members only" qualifier would have eliminated those spouses or significant others from serving.

You should also check the applicable State statutes to your Association. Some States have specified that an HOA/COA may not prohibit members from serving.

As to non-resident members serving on the Board - We have had several serve that lived within commuting distance. There were few problems having them serve and they contributed greatly. We have had a few Directors who became non-resident members outside the commuting distance who tried to serve but simply couldn't be counted on to do anything.

My Sister owns a house in Colorado that everyone on the Board doesn't live full time on the property. They work well together but only meet once a quarter.

I think it will depend on the size of the community, the responsibilities of the Association (upkeep of amenities, etc.) and the issues within the community (if everyone is paying assessments on time and plays nice together then there is little to no enforcement issues).
MarkR14 (Texas)
Posts: 39
Posted:
Tim, sure, I'll run, but my first motion will be to move your community to Texas ;)

Our challenge might be different, all the issues raised about laws etc. withstanding. The concern is that our condo building has a director who is really a landlord and could/would want to drive the agenda in favor of a landlord's point of view. I personally see that as detrimental to a resident owner's desires and wishes for the community and resale value.

It's also an investor vs resident point of view conflict in my mind.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By MarkR14 on 06/08/2014 12:01 PM

Our challenge might be different, all the issues raised about laws etc. withstanding. The concern is that our condo building has a director who is really a landlord and could/would want to drive the agenda in favor of a landlord's point of view. I personally see that as detrimental to a resident owner's desires and wishes for the community and resale value.

It's also an investor vs resident point of view conflict in my mind.

My opinion is that an owner is an owner whether they live in their unit or not. Their interests might be different, but they should be equal. That's what elections are for, so that owners can elect like minded owners to the BOD.

Escaped former treasurer and director of a self managed association.
JonD1
Posts: 2,350
Posted:
I reside eon the property and own several rental units on this same property. For me any property owner has an interest in the property based on their ownership. Not assuming a resident owner would make a superior board member to a non-resident owner.

Over the years I have served with both and both can be good or bad. IMO not based on where they live.

Our documents do not exclude non-resident owners and IMO nor should they. My guess legally a tough position to support.

It would be my hope all board members share the common goal of what's best for the property versus what's best for me as an individual.
Whether resident or not you would like to have the property maintained, presentable, in sound financial condition and desirable for either themselves or tenants to live in. And while residents and landlords may have areas where their interests conflict hopefully the board as a whole can see to it the decisions made serve all to the best of their ability.

Just wondering Mark do you no serve on this board?

How many board members? Residents versus non-residents?
CarolR11 (Colorado)
Posts: 2,563
Posted:
This topic comes up at least twice a year. You might want to do a search for opinions, which vary widely. In our case we had a nonresident owner who lived an hour-/2 away and knew nothing about our premisses. We've had another who'd actually lived here, serves on committees and lives across the street. He's pretty good.

How do you think, Mark, that a landlord's point of view would be different than a non-landlord's?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarkR14 on 06/08/2014 12:01 PM

The concern is that our condo building has a director who is really a landlord and could/would want to drive the agenda in favor of a landlord's point of view.

The solution to that is for the resident members to become more active and willing to serve on the Board.
MarkR14 (Texas)
Posts: 39
Posted:
Quote:
Posted By DouglasK1 on 06/08/2014 12:25 PM
Posted By MarkR14 on 06/08/2014 12:01 PM

Our challenge might be different, all the issues raised about laws etc. withstanding. The concern is that our condo building has a director who is really a landlord and could/would want to drive the agenda in favor of a landlord's point of view. I personally see that as detrimental to a resident owner's desires and wishes for the community and resale value.

It's also an investor vs resident point of view conflict in my mind.


My opinion is that an owner is an owner whether they live in their unit or not. Their interests might be different, but they should be equal. That's what elections are for, so that owners can elect like minded owners to the BOD.

It's hard to argue against your point. But in our case the director was elected, then moved.
MarkR14 (Texas)
Posts: 39
Posted:
Quote:
Posted By JonD1 on 06/08/2014 12:29 PM
I reside eon the property and own several rental units on this same property. For me any property owner has an interest in the property based on their ownership. Not assuming a resident owner would make a superior board member to a non-resident owner.

Over the years I have served with both and both can be good or bad. IMO not based on where they live.

Our documents do not exclude non-resident owners and IMO nor should they. My guess legally a tough position to support.

It would be my hope all board members share the common goal of what's best for the property versus what's best for me as an individual.
Whether resident or not you would like to have the property maintained, presentable, in sound financial condition and desirable for either themselves or tenants to live in. And while residents and landlords may have areas where their interests conflict hopefully the board as a whole can see to it the decisions made serve all to the best of their ability.

Just wondering Mark do you no serve on this board?

How many board members? Residents versus non-residents?

I am a current committee member and considering running next month. We are two years into being turned over from the developer.

We have three board members, 54 owners and 12 rentals...
MarkR14 (Texas)
Posts: 39
Posted:
Quote:
Posted By CarolR11 on 06/08/2014 1:02 PM
This topic comes up at least twice a year. You might want to do a search for opinions, which vary widely. In our case we had a nonresident owner who lived an hour-/2 away and knew nothing about our premisses. We've had another who'd actually lived here, serves on committees and lives across the street. He's pretty good.

How do you think, Mark, that a landlord's point of view would be different than a non-landlord's?

It's a good question. Let me first say I am really speaking of a non-resident more than just a landlord. If the owner lived here and had other rental units I'd be fine with directorship.

But if they don't live there I believe their priorities are different. Example: I have an upstairs renter. He had a water leak cause by the owner that affected my condo. The owner called and later had his insurance agency call who haven't been great for me to deal with. No big deal but I am the one hiring the contractor dealing with the mess and also dealing with his problematic insurance company because I'm not their customer.

I believe that if the landlord lived here he would have solved this weeks ago and wouldn't have allowed the distance between us to buffer him from embarrassment and the reputation of being a less than helpful/conscientious neighbor.

In other words, investor/landlord is different than neighbor when it comes to being sensitive to others living in the same building.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By MarkR14 on 06/08/2014 5:50 PM
Posted By DouglasK1 on 06/08/2014 12:25 PM
Posted By MarkR14 on 06/08/2014 12:01 PM

Our challenge might be different, all the issues raised about laws etc. withstanding. The concern is that our condo building has a director who is really a landlord and could/would want to drive the agenda in favor of a landlord's point of view. I personally see that as detrimental to a resident owner's desires and wishes for the community and resale value.

It's also an investor vs resident point of view conflict in my mind.


My opinion is that an owner is an owner whether they live in their unit or not. Their interests might be different, but they should be equal. That's what elections are for, so that owners can elect like minded owners to the BOD.


It's hard to argue against your point. But in our case the director was elected, then moved.

If most of the owners are residents, and they share your views, then the "problem" should right itself at the next election. As a resident, you are in a better position to campaign for yourself and other resident candidates.

Escaped former treasurer and director of a self managed association.

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