DaveG (Florida)
Posts: 3
Posts: 3
Posted:
In Florida is there a state law that says an HOA board member must be a homeowner or is it individual documents---can a resident but not homeowner be on a board?
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Board Members---HOA
Started by DaveG • 10 replies • 1169 views
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AnneH2 (Florida)
Posts: 82
Posts: 82
Posted:
It depends on your documents. As crazy as it sounds, some HOA docs allow anyone to serve on the Board. I'd imagine that it must be a human and an adult, not sure about convicted felons.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Dave,
Follow what AnneH has said. Your own documents will always be where to go first. They will tell you in your Bylaws.
DaveG (Florida)
Posts: 3
Posts: 3
Posted:
So as far as you know there is no state law is that correct?
BarbaraD6 (Florida)
Posts: 347
Posts: 347
Posted:
I haven't seen it in the state statute, but it is in our bylaws.To serve on our board you have to at least 18yrs old,need not be members or residents of the community,no more than one representative of any member which is a legal entity,nor more than one occupant of any lot,shall serve on the board at a time,except in the case of directors that teh class"B" member appoints.
Barbara
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Dave,
Sorry, I did not add this but you are correct. There are no State Statutes disallowing non members from being Board members.
AnneH2 (Florida)
Posts: 82
Posts: 82
Posted:
What is contradictory in allowing non-owners to serve on the board is that our docs are clear as to who may vote- it is owners. But our docs say that a board member need not be an owner. How can someone who can not vote serve on the board? Maybe just vote as a board member, but not in elections or member-required passage of changes to docs, etc?
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Anna, board members are not voting on the same things the membership votes on.
The board business is a different sort of "vote" that the types of things the membership votes on.
Our governing documents allow for non-members to be board members.
The membership, for example, doesn't vote on which contractor is awarded a bid.
The membership doesn't vote on motions during board meetings.
When items go before the membership for a vote, only members vote on that. Since a non-member board member is a, well, non-member, that board member doesn't vote.
For those types of meetings, a board member's vote doesn't carry any more weight than a non-board member, so it doesn't matter if a board member's vote isn't used.
The board business is a different sort of "vote" that the types of things the membership votes on.
Our governing documents allow for non-members to be board members.
The membership, for example, doesn't vote on which contractor is awarded a bid.
The membership doesn't vote on motions during board meetings.
When items go before the membership for a vote, only members vote on that. Since a non-member board member is a, well, non-member, that board member doesn't vote.
For those types of meetings, a board member's vote doesn't carry any more weight than a non-board member, so it doesn't matter if a board member's vote isn't used.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
It's not uncommon for non-members to be allowed to serve on the BOD. Remember it's the declarant who selects the initial BOD and oftentimes will appoint his corp. officers, friends and family to the board positions -- none of these people are members of the HOA. Some bylaws might state this is allowed only during the period of declarant control, but other bylaws do not. It's also common to allow non-members to serve on the A/C. If the majority of the members feel so strongly that only members should have the authority to serve in these positions, then there should be no problem amending the docs. However, in most instances it's only a few (a minority) who even think about and/or object to this.
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
My neighborhood's by-laws were rewritten to allow 2 non-homeowners as board members because our President does not own a home and the Treasurer lives in another subdivision.
DonaldM3 (South Carolina)
Posts: 132
Posts: 132
Posted:
Quote:
Posted By KevinK7 on 02/27/2009 7:46 AM
My neighborhood's by-laws were rewritten to allow 2 non-homeowners as board members because our President does not own a home and the Treasurer lives in another subdivision.
My neighborhood's by-laws were rewritten to allow 2 non-homeowners as board members because our President does not own a home and the Treasurer lives in another subdivision.
If the By-laws were “rewritten” for the long term betterment of the association, that’s fine but it’s a mistake to rewrite a rule (By-law) just to change a specific incident and make it okay.
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