Renter as Board Member

Hi All,
What are the laws against or for renters being on a HOA board? Our CC&R's currently allow it, why I don't know, but I and many others are against it. We currently have a situation where a renter was nominated, by another home owner, to run for a board position. The nomination form itself is only for nominating yourself and you must be in good standing. Can the lanlord nominate his renter and does the renter need a power of attorney to run?What is the name of your state (only U.S. law)?

sergioman said:

Hi All,
What are the laws against or for renters being on a HOA board? Our CC&R's currently allow it, why I don't know, but I and many others are against it. We currently have a situation where a renter was nominated, by another home owner, to run for a board position. The nomination form itself is only for nominating yourself and you must be in good standing. Can the lanlord nominate his renter and does the renter need a power of attorney to run?What is the name of your state (only U.S. law)?

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**A: only condo owners are allowed to serve on the Board period.

HomeGuru said:

**A: only condo owners are allowed to serve on the Board period.

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Even if it states that it's OK for a renter to serve in our CC&R's? I really hope so. Do you know of any similar legal cases? Our property owner continues to tell us that legal because of CC&R's we have to let them run and serve.

sergioman said:

Our CC&R's currently allow it...

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What exactly does it say?

private_person3 said:

What exactly does it say?

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I don't have it in front of me right now so I'll have to update this thread tomorrow with the exact wording.

sergioman said:

Even if it states that it's OK for a renter to serve in our CC&R's? I really hope so. Do you know of any similar legal cases? Our property owner continues to tell us that legal because of CC&R's we have to let them run and serve.

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**A: since you have not followed posting instructions, I am unable to help you.

HomeGuru said:

**A: since you have not followed posting instructions, I am unable to help you.

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What do you mean I have not followed posting instructions?

By the way, this condo is in California.

Here is what is stated in our By-Laws not in our CC&R.

section 1 Number. The affairs of the Association shall be managed by a Board of 3 directors who need not be members of the Association.

Section 1. Nomination. Nominations for the office of a member of the Board of Directors shall be made by a Nominating Committee consisting of a chairman, who shall be a member of the Board of Directors, and two (2) or more Members of the Association, all of whom shall be appointed by the Board of Directors prior to each annual meeting until the close of the next annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Nominations may also be made by Members from the floor at the annual meeting or such other meeting at which members of the Board of Directors are to be elected. Such nominations may be made from among members or non-members.

Interesting that the Docs allow such a thing. I am interested to hear from the gurus around here on this one.

Perhaps there is a State law that supersedes this?

private_person3 said:

Interesting that the Docs allow such a thing. I am interested to hear from the gurus around here on this one.

Perhaps there is a State law that supersedes this?

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Do the By-Laws have to be recorded like the CC&R's? If they are not, does that render them void?

Don't know about California, but they don't need to be recorded here. The HOA does need to properly enact / change them and they are required to be officially disclosed by the HOA (at the seller's expense) during property sale transaction. Changing them requires official notice by first class mail so they assume you are properly informed of proposed changes after the sale.