Can I still be a Director now that I moved? Help!

Started by CharlesF4 • 8 replies • 1270 views

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CharlesF4 (South Carolina)
Posts: 7

Posted:

I am the Secretary for our board. I just sold my house. I moved 10 miles away.
I can't find anything in the CC&R's about having to resign.
All of the other 4 board members want me to stay.
All of the residents I've heard from want me to stay also.
Anyone ever run into this? Help.

CharlesF4 (South Carolina)
Posts: 7

Posted:

I forgot to add that I am not on an HOA in my new community.
It doesn't have one.

RobertG (Arizona)
Posts: 505

Posted:

Quote:

Posted By CharlesF4 on 07/13/2009 2:18 PM
I am the Secretary for our board. I just sold my house. I moved 10 miles away.
I can't find anything in the CC&R's about having to resign.
All of the other 4 board members want me to stay.
All of the residents I've heard from want me to stay also.
Anyone ever run into this? Help.

Are you asking about resigning as secretary, board member or both? I would bet there are statements that dictate what the criteria for a board member is (like member in good standing which equates to living in the community). Being secretary may have looser requirements; our HOA doesn't really care where you live or even if you are board member. My suggestion, dig deeper.

I would also question why you would want to stay. I would be very soon your interests would turn to other things. Is it fair to the association to have someone so disconnected?

RogerB (Colorado)
Posts: 5,067

Posted:

Charles,
Check the Bylaws. Many do not require a Board member to be an owner. If that is the case you can still serve and don't have to resign. If the Bylaws require Board members to be owners then you are no longer on the Board and may or may not be eligible to be the Secretary depending on what the Bylaws state.

AnneM2 (North Carolina)
Posts: 30

Posted:

Why on earth would you want to?

AnnD1 (California)
Posts: 7

Posted:

Hi CharlesF4,

Unless your CC&Rs have adopted the rule that you have to be a homeowner to be on the Board of Directors, then you can stay. We have a board member that lives 45 mins away and he has been on the board from day one. So do a good job and repersent the Community. They will appreciate you.

Ann

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Charles,
I strongly suspect you are dead in the water Charlie in SC.
Some of the big condos in Resort area that have huge memberships may have provisions that allow non members to serve and I would guess some even allow non-members to fill specific vacancies. Anything that is not specified in your documents I don't think would be allowed.
You may look also if there is a number of votes specified and tied to the number of units. One vote per unit specified would seem to me indicate you must be a homeowner. I think your Board would be making a huge mistake if they allow you to serve. When you no longer own a part of the association (member), you can not be eligible to run for election. Look up qualification to run for Board. Hell, if you are that important, why don't the Board hire you as a consultant, and really get the court cases going.
Good luck Charlie, where ever you are, find another interest.

CharlesF4 (South Carolina)
Posts: 7

Posted:

Thanks Ann. I have many friends in my old community and there is much work that needs to be done. If I can help I will. I spoke to our Management company and they spoke to their attorney. He said if the By Laws don't say I can't, then I can. So I will. When things get more in control and I've had enough I'll turn in my resignation with plenty of notice.
~Charlie (my friends call me Don-don't ask me why)

CharlesF4 (South Carolina)
Posts: 7

Posted:

Thanks Roger,

I checked and it turns out I don't have to be an owner to be on the Board. I'm staying on for a while because there is a lot of apathy in the neighborhood about serving on the board because our VP is a screaming, manipulative mal- content. About 7 people who served on the board resigned because of her. We are going to 'impeach' her next week. We have the grounds to do so under the covenants. This will be a HUGE relief for the community and the Board can finally get some work done. I'm not a quitter. I'll see this through and when some of the folks who resigned because of her return, I'll resign.

~Charlie

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