NON-HOMEOWNERS

Started by KathleenR2 • 3 replies • 1145 views

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KathleenR2 (California)
Posts: 8

Posted:

Hello everyone!

I am in California and we have a problem with whether or not a non-homeowner can be on the Board? Does the person have to be on Title or is a Quit Claim Deed sufficient? We are getting different answers from our PMC.

Thank you!

GlenL (Ohio)
Posts: 5,491

Posted:

The answer would be in your governing documents, usually the by-laws under qualifications. If your documents are silent on the matter then according to the Davis-Stirling web site anyone including someone who doesn't even reside in your community is eligible to serve as a director under California codes.

DIRECTOR QUALIFICATIONS

Qualifications for serving on the board of directors are found in the bylaws and sometimes in the CC&Rs. Most original sets of documents do not require an qualification for serving on the board--not even membership in the association. This is so the developer can appoint people to the board until such time as the the property is sold and owners assume control. As a result, anyone, including tenants, can serve on the board.

Common Qualifications. Candidate qualifications that many associations add to their bylaws include: (i) membership in the association, (ii) being in good standing, (iii) not being in litigation with the association, (iv) not a convicted felon, (v) realtor restrictions, and so on.

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SusanW1 (Michigan)
Posts: 5,202

Posted:

If the Quick Claim Deed is filed, then it IS the deed. Therefore, the person listed would be the deed-holder.

But the deed MUST be filed at the county, at least in Michigan.

DanaB1 (Connecticut)
Posts: 319

Posted:

Our original documents from 1982 stated that anyone could be on the board and could hold an officer position but that of President. I believe it was that way so that the developer had the option to get his buddies on.

When we updated the documents in 2000 that was changed to you had to be an owner.

Look in your docs first off.

Dana

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