non-homeowner attendance at Board

Started by LynnD1 • 7 replies • 491 views

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LynnD1 (California)
Posts: 4

Posted:

There is a relative of a tenant of who periodically stays in the condo this relative leases from the owner of record. This individual has been attending Board meetings for about 4 months where he participates in the Homeowner Forum portion of meeting by making comments and telling the board we should be pursuing sub-meters, we should install solar pool water heating, etc. He has also been asking for documents, such as minutes and vendor contracts. When we balked at providing these to him, then the owner (landlord of the unit that his relative rents) called our management company and insisted that the HOA release these documents to him. Has anyone run into this issue of non-owners, non-tenants attending Board meetings and requesting documents? Do you allow non-owners at your board meetings?

NpB (Arizona)
Posts: 605

Posted:

Quote:

Posted By LynnD1 on 01/24/2020 4:23 PM
There is a relative of a tenant of who periodically stays in the condo this relative leases from the owner of record. This individual has been attending Board meetings for about 4 months where he participates in the Homeowner Forum portion of meeting by making comments and telling the board we should be pursuing sub-meters, we should install solar pool water heating, etc. He has also been asking for documents, such as minutes and vendor contracts. When we balked at providing these to him, then the owner (landlord of the unit that his relative rents) called our management company and insisted that the HOA release these documents to him. Has anyone run into this issue of non-owners, non-tenants attending Board meetings and requesting documents? Do you allow non-owners at your board meetings?

HOA Board meetings are for recorded owners only, since they are the members of the corporation (HOA). A tenant or a friend of a tenant is not a member of the corporation.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

May I point out that the owner should be providing the documents to the tenant upon request NOT the MC or HOA. The documents such as CC&R's and Articles of Incorporation are considered PUBLIC. They are available at county courthouse for the CC&R's and the Aoi at state level. By-laws are HOA internal documents.

Also would point out to the owner that would recommend that if there is a lease agreement, that they have a clause their tenant is to follow the HOA rules. This allows for them to evict if the HOA ever finds the tenant in violation.

I've pointed out to renters in our HOA that the meetings are open to members only. If they want to attend, they have no say or vote. Can just sit there an listen.

Former HOA President

NpB (Arizona)
Posts: 605

Posted:

Quote:

Posted By MelissaP1 on 01/24/2020 4:55 PM
May I point out that the owner should be providing the documents to the tenant upon request NOT the MC or HOA. The documents such as CC&R's and Articles of Incorporation are considered PUBLIC. They are available at county courthouse for the CC&R's and the Aoi at state level. By-laws are HOA internal documents.

Also would point out to the owner that would recommend that if there is a lease agreement, that they have a clause their tenant is to follow the HOA rules. This allows for them to evict if the HOA ever finds the tenant in violation.

I've pointed out to renters in our HOA that the meetings are open to members only. If they want to attend, they have no say or vote. Can just sit there an listen.

Why should a Board allow any non-recorded owners at meetings?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Basically after we told them that they were not members and had no say, they lost interest in attending. However, there were a few long term not going anywhere renters who did volunteer on some committees. Which is allowed. They just knew they had no voting power or input with the HOA at all.

More people who want to volunteer to make their community better the merrier...

Former HOA President

NpB (Arizona)
Posts: 605

Posted:

Quote:

Posted By MelissaP1 on 01/24/2020 5:03 PM
Basically after we told them that they were not members and had no say, they lost interest in attending. However, there were a few long term not going anywhere renters who did volunteer on some committees. Which is allowed. They just knew they had no voting power or input with the HOA at all.

More people who want to volunteer to make their community better the merrier...

What do you think about family members of recorded owners who live on the property? Should they be allowed at meetings or be able to serve on committees?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

We provide all documents related to the HOA as a scanned pdf on our google drive. There are no requests for documents. If you want to see one, you go to the google drive and find it yourself. No work is needed to be done by anyone.

If a renter attended a meeting, I wouldn't care, as long as they were silent and didn't vote without a proxy from the owner.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why not? They have no voting rights or influence on the HOA. They are recognized as a tenant not a member. Their relationship to the owner is their tenant doesn't matter if by blood. The person still has the right to participate in their community. Plus isn't it nice to have a renter who cares about their property and that around it? The # 1 complaint by owners is that renters don't care....

We kept our Neighborhood Watch completely separate from the HOA. The NW was completely volunteer and anyone could participate. Everyone had an interest in making community safe do they not?

Former HOA President

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