HOA board of directors comprised of ALL owners?

Mike,

Just how many is "all owners?" There are associations with just two owners and some with thousands of owners.

Is this something in your existing declaration or a proposal since you mentioned "Assuming there is a consensus among all the homeowners."

I would think the larger that number the more difficulty with achieving the quorum required to transact business.

As far as I know there is nothing in the law to prevent creating a board where all member/homeowners are also members of the board of directors but it does not sound like a good idea except for the smallest of associations.

My personal opinion is that no board needs more than three members and there should be an absolute maximum of five. I served on a nine-person board and the majority of the members brought nothing - absolutely zero - to the table.

After a couple meetings I suspect people will begin to see the value of representatives and elections.

Our community is a "Cohousing" community of 27 households where folks move in with the intention of making shared decisions- we've been doing this for 15 years in a plenary/group manner built on consensus. So, You'll have to set aside some assumptions and preconceptions of owner (lack of) participation. I'd prefer to not go into a detailed explanation but you can check out the Cohousing model online. I'm still wondering if anyone has any specific/concrete examples of an ALL-owners Board of Directors?

Right... so see what the bylaws say about how to amend them...it's in there. You also might want to amend what % of owners at an open meeting are required to attend to make legal decisions. That, usually, in your bylaws, is a majority of the Board. So if it's a Board of 27, at least 14 need to attend to make quorum. And let's say 20 attend a meeting, 11 would need to vote "yes" on, say, a new contract.

As a PUD, you do need to comply with the Davis-Stirling Act mentioned above, but it does not limit the size of boards of directors one way or another.

If you are incorporated, you should comply with CA Corporations Code, after which your bylaws probably are modeled anyway. I do not think there's anything in them to preclude a board of all members of your corporation. There are other things, though, like required officers.

But, no, I have never seen an HOA represented here with a board of all households.

In a community of your size and with your shared philosophy, it seems very workable! Until you get your documents amended, though, as mentioned above, there's no reason why the current board cannot consult with all owners who attend your board meetings.

As others have said, you will need to amend your governing documents to make this happen.

Typically, the number of Directors is mandated by your Articles of Incorporation and your Bylaws. Be sure to check both documents, as the Articles have precedence over the Bylaws.

Rather than amend the number of Directors, why not simply amend the documents to indicate what issues must be brought to the membership for approval. This will allow a smaller governing body to deal with the mundane items and day to day running of the Association.

Legal? Yes.

So, Mike, what do your bylaws say about the % of members needed create a quorum to make decisions (vote) at a meeting of the members. In our HOA, it's only 25%. and the % needed of that 25% may only be a simple majority for most issues.

Mike

Let us come together to share our views on what toilet paper to use in the clubhouse then after we can split a joint and sing Kumbaya. I am sure we will all "float" home feeling good.....

Are you asking that every owner must sit on the board, or are you asking if anyone has a covenant that every HO must take a turn on the board?

I hope for your mental sake, you are asking the latter! I have seen that and would love to make that happen in my HOA, but I also know asking the HOA for that change is a huge waste of time!

Hey funny guy- looks like you missed where it was mentioned we have committees- they take care of the various up-keep tasks. Maybe we'll form a committee that deals with how to tell a relevant joke- we'll probably be willing to even let you in since it looks like you might benefit by it 👊😉

Awww, don't mind JohnC--he has some kind of problem with Calif. that often shows up in his replies. He has remarked that he lived in Manhattan Beach long ago and cavorted with flight attendants--I believe he called them "stews." He sometimes reminds me of when I moved to Charlotte NC from Santa Cruz (talk about culture shock!). One young man asked me in all seriousness: "What do y'all have for Thanksgiving? Soy turkey?"

Hmmmm, good point about the fiduciary obligations of board members that are not shared by other members of the Association. But I also assume that your HOA insurance covers Directors & Officers? In addition, your current board probably would need to convene executive sessions for certain kinds of business that must remain confidential (setting up a payment plan for someone who's behind on their dues, for instance).

I also was wondering if your bylaws mandate a certain number of Board meetings a year. At your size, maybe four? So in those cases, I'd guess the Board would call a board meeting, and keep minutes about who is present, etc., and then adjourn to a members meeting. In CA there are different notice requirements for each kind of meeting.

I do think it can work, Mike. But I feel like I'm over my head and that you may need advice from an HOA attorney about how to proceed--the process- (I'm in no way involved in any legal fields).

Feel free, though, to toss out more thoughts, ideas, etc.