does the board have to live on propery?

Started by JaimeB • 8 replies • 1612 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JaimeB (Texas)
Posts: 4

Posted:

Our Vice President and and 2 other board members do not own a condo here on property is that legal?
They raised our dues again and that keep saying the board voted on it and all was in favor but the thing is I dont think we even have a legal board what can I do to stop this from happening?
Is the HOA supost to have a seperate account from the rest of the management property?
Our money is deposited into a trust fund is that legal?
someone please help me and tell me whats going on.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Most members in a HOA are owners. You do not have to live on the property. Just own property there. Answer more later but dinner's burning!

Former HOA President

JonD1
Posts: 2,350

Posted:

I would think the position of Board member would require ownership of property in the community.

How else or WHY???? would they seek or hold a position on the Board?

Is your property under the developer still???

Our documents require ownership which is different from living on the property.

Several Board members own and rent out their units but can still be on our Board.

BradP (Kansas)
Posts: 2,640

Posted:

Read your documents that is your answer. It is incorrect to say all board members must be owners, each association is different. Our HOA does not require you to be an owner or live on property to be a board member.

JonD1
Posts: 2,350

Posted:

Brad could you explain to me how someone who does not own can serve as a Board member.

Why would they want to?

I own and have questioned my serving on the Board why would someone with no financial interest wish to give their time to the Board?

RogerB (Colorado)
Posts: 5,067

Posted:

Jon,
Remember that the original Declaration is written by the Developer and they appoint the members of the Board prior to turning over control to the homeowners. Thus the first Board members usually are not homeowners and do not live in the community.

Fast forward to when the homeowners take control of the Board. How many have amended their Declaration and included a change to require that "all Board members must be owners of record"?

BradP (Kansas)
Posts: 2,640

Posted:

Jon:

I am not saying that anyone would want to serve on the board if they didn't own property. However, that is what our documents allow, it is specifically written that way and we haven't changed it yet. IT is just the way it is.

JonD1
Posts: 2,350

Posted:

Wow so under your documents ownership is not required.

Just out of luck the people who threw together our paperwork added ownership as a requirement.

I understand about the period when the developer might load the Board with some of their people but once the owners take over in my opinion no one from the days of developement INCLUDING IN MOST CASES THE DEVELOPERS MC SHOULD BE ALLOWED TO HOLD A POSITION.

I would consider changing the documents to prohibit non owners from holding any Board position.

BradP (Kansas)
Posts: 2,640

Posted:

Jon:

I kind of like it the way it is.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here