Starting a HOA

We have just started a HOA, and we elected officers, and I'm the president. The developer of the neighbor hood called me and told me that the person that was voted in as VP was not on the DEED and told me that he could not serve as a board member. He lives in the neighborhood with his wife, just not on the deed.

What I want to know is...Does he have to be on the Deed in order to serve as a board member?

David,

All property owners are automatically members of a mandatory HOA and have the right to vote. However, your bylaws will state who is eligible to serve on the board. Some assn's allow non-members to serve, some do not.

Starting a HOA.
Well, you got me confussed.
First, I bet any one owning property can assign his right to anyone by power of attorney. Just that this right would probably be all encompassing and the owner then yould have to butt out.

Second, tell us about this starting an HOA that the developer has anything to do with. Until the Association is turned over to the Members (unless covenants require otherwise and owners accept them) you are not a HOA. If you are talking Developer controlled HOA that is what you are and the developer has control of your association. I doubt very much (could be wrong and usually at this time of morning, am wrong)that you can have an election of BOD. You can have developer appointed directors. If the developer is advising you that he wants the present owners to elect a board and objects to one of the members, I would simply ask him what does he need to approve a nominee, and do it, if you want. As far as electing them from the ownership, until you have control, you have no business. You must have a Business (Named and registered) to have an election.

MaryA,
I might agree except David said the developer is the one that said a Board member was inelligible. I suppose the developer could oun a vote or something but then his objection would have to come as an owner, unless of course, during the transfer he had himself made KING and no one caught it. Of course, he could have embedded in the Documents that the owners all hve to turn over their first born male at the age of nine, will be turned over to the developer to work in his tomato fields.

For us to be wrong is just not an option, well you might be wrong at times, I have yet to catch my self. Which, of thought, I believe this is really one of the most common problem with a good number of Boards. That willingness to publically admit they have made a mistake and the same goes for M/C's double. I am looking out my window at the ocean, so hard to get serious about a little old mistake.