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NormanK2 (Florida)
Posts: 39
Posted:
We have an owner with a Girlfriend that he wants to be on the Board as the Activity person, they are only here 4mos out of the yr so after they are gone we have no Activity we are a very small park about 200 owners.
SheliaH (Indiana)
Posts: 6,964
Posted:
So your question is......?

If you're on the board, you and your colleagues make the decision, and one of the things you have to consider is an actual or potential conflict of interest. To wit,, if by activities you mean property manager, it's best to get someone who doesn't have a relationship with any homeowner, including board members. Besides, if these people are only there 4 months out of the year, how is she supposed to coordinate activities for the remaining eight?

If a property manager is what you need, talk to a few local property management companies and get some quotes. The end.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MichaelT21 (Arkansas)
Posts: 462
Posted:
I think by activities he means social chair.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By NormanK2 on 11/13/2022 4:41 PM
We have an owner with a Girlfriend that he wants to be on the Board as the Activity person, they are only here 4mos out of the yr so after they are gone we have no Activity we are a very small park about 200 owners.
-- No, absolutely not, to a non-owner being on the board.

-- No, absolutely not, to a non-owner serving on any Board-appointed committee. For one, I have doubts insurance would cover such a committee member.
MichaelT21 (Arkansas)
Posts: 462
Posted:
Keep in mind that the word park was used in the original post, so I am assuming this is a trailer park. I'm not knowledgable about how associations work for trailer park communities versus condos/SFHs. There may be nuances that I am not familiar with so I usually refrain from trying to answer questions that involve trailer parks.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By MichaelT21 on 11/14/2022 8:36 AM
Keep in mind that the word park was used in the original post, so I am assuming this is a trailer park.
In structure, a corporate board of a trailer park HOA is no different from a corporate board of a non-trailer park HOA. Keep in mind that some of these Florida trailer park communities are high end resorts, and some are not.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AugustinD on 11/14/2022 8:32 AM
Posted By NormanK2 on 11/13/2022 4:41 PM
We have an owner with a Girlfriend that he wants to be on the Board as the Activity person, they are only here 4mos out of the yr so after they are gone we have no Activity we are a very small park about 200 owners.
-- No, absolutely not, to a non-owner being on the board.

-- No, absolutely not, to a non-owner serving on any Board-appointed committee. For one, I have doubts insurance would cover such a committee member.

Our governing documents allowed for non owners to be on the Board.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By JohnT38 on 11/14/2022 8:43 AM
Our governing documents allowed for non owners to be on the Board.
Right, I know this is not unusual. I prefer that only owners be on the board and all committees. In either case, I would certainly want to make sure insurance covers any non-owner serving on a board or committee, and indemnification applies.

CathyA3 (Ohio)
Posts: 6,299
Posted:
I believe that when governing docs allow non-owners to be directors, these non-owners have some kind of (semi) professional connection to the community. in other words, they're serving because of their knowledge or professional position. For example, some years back we had a poster from NY who said that his community's PM sat on the board.

Speculating here, but I would imagine that whoever drafted the governing docs had something of this sort in mind. It's a whole lot different from allowing some rando who walks by to be on the board. In addition, a girlfriend would likely have the same conflict of interest issue that spouses would - girlfriend's interest here is her romantic partner, not the well being of the community. From the point of view of the association, she has no skin in the game and can walk away from her romantic partner at the drop of a hat.

It would make more sense to allow tenants to sit on the board - they've at least chosen to live in the community. But I haven't heard of any association that allows this (some do allow them to sit on committees, but not the board).

JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By CathyA3 on 11/14/2022 1:13 PM
I believe that when governing docs allow non-owners to be directors, these non-owners have some kind of (semi) professional connection to the community. in other words, they're serving because of their knowledge or professional position. For example, some years back we had a poster from NY who said that his community's PM sat on the board.

Speculating here, but I would imagine that whoever drafted the governing docs had something of this sort in mind. It's a whole lot different from allowing some rando who walks by to be on the board. In addition, a girlfriend would likely have the same conflict of interest issue that spouses would - girlfriend's interest here is her romantic partner, not the well being of the community. From the point of view of the association, she has no skin in the game and can walk away from her romantic partner at the drop of a hat.

It would make more sense to allow tenants to sit on the board - they've at least chosen to live in the community. But I haven't heard of any association that allows this (some do allow them to sit on committees, but not the board).


When we re-wrote our governing documents myself and the VP included the ability for a non-owner to be on the Board. Our reasoning for wanting this was unique to our situation. Our residents where on average close to 70 years old and we had many that were over 80. My neighbor was 98! They had no interest in serving on the Board and on 2 occasions we came close to not having the minimum amount of Board members needed. Our fear was that we would end up in receivership at some point. Many of our older folks have been there since the beginning which was 1981. As sad as this sounds the only way they left was by ambulance when they died.

We included the non owner clause to give future Board members a way of staying out of receivership. Both of us had mixed emotions on this but felt that it was needed especially for the next 10-15 years. Our units rarely went up for sale and it's going to take a long time for new younger buyers to change the demographics.
KerryL1 (California)
Posts: 14,550
Posted:

Is "Activity Person" what other associations might call "Social Committee Person?" The members plan social events for residents ? Why is the position called "Activity Person," which is a very odd name? Is the person actually an officer on the Board versus being a director?

Anyway, as JohnT observes, some boards in some states permit non-owners to be on the board though against CA state statutes.

If this position is actually a committee, our HOA encourages non-owners to join, but not to join other committees. I'm pretty sure our D & O insurance, which does cover committee members,
does not require they be owners.

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