Who is not eligible for being HOA Board of Director

Hi
I put my candidacy for Board of Director and it was rejected but the current Board under the pretext that there was an ACC violation under review.
Can the current board create rules which are not in the HOA guidelines or byLaws?
Can the Board not allow under such rule?
What are my options?

Your bylaws should dictate how the association is run, which usually state who is and isn't eligible to run for a spov- keep reading (sometimes it's buried or not well written so people can understand it - remember, this stuff was written by lawyers). The CCRs may also mention this - read those too - there may be something in a section discussing rule enforcement or appeals.

If you still can't find anything, make them show you where this is written. If they can't or refuse to you could take legal action against them, but that can take some time, so you'd have to ask the court to compel the association to delay the election until this is resolved. It may be a little faster to rally support for whoever is running against them. You might not be elected this time, but tbe next time the election is held, this will be more clear.

That said. the board usually hears appeals on rules violation, so it would be inappropriate for you to be on the board while you have a pending violation. You'd have to recuse yourself from any discussion or vote concerning that violation because it would be a conflict of interest. And bad optics- how can you pass judgementon someone who's been accused of violations if you're not following them yourself?

Board members aren't perfect, but they should set the standard on how neighbors treat each other, starting with everyone complying with the rules, starting with the people put in charge of rule enforcement.

,usually, , if the olls

That seems not logical.
So when someone is a board member they cannot apply for ACC approval and/or cannot make a mistake for being in violation?

As stated above your governing documents likely state you have to be a member in good standing to run and be on the board.
That means no late assessments, delinquent assessments, no open violations for violating the covenants, and no ARC
violations. Once you remedy the boards issues, then you should be clear to be nominated and run for a board position.

No.

Your option is to threaten a lawsuit, alleging the board is violating the bylaws and arguably, state law.

If you want elaboration on the state law part, ask.

I caution you that fighting a board on a matter like this could be quite expensive. You would absolutely need an attorney.

People often forget that being eligible to run for the board (ie, "in good standing") is only the first step.

You have to convince others to vote for you. And homeowners may well object to something like an outstanding violation - particularly the ones who've had violations themselves and are still salty about it. And there are plenty of folks who believe that board members should be held to a higher standard of behavior.

So this violation could easily become an election issue regardless of what the bylaws state. If I were a candidate for the board, I'd try to convince the membership that I would do a better job for them. I'd definitely focus attention on the fact that I've never paid late, never had a violation, knew the community and the rules like the back of my hand, have the best interests of the community at heart, etc. etc.

In other words, a violation may or may not stop you - but it can make getting elected harder.

Are you still developer owned? You can not apply for board director. You have to run for the board first. Once on the board the board votes for who gets what officer positions.

How did you approach putting your interest in for running for board? Are you an owner?