QUESTION
Do the members of a Board of Directors all have to be owners to run in an election?
Asked on Nov 12th, 2014 on Residential Real Estate - Florida
More details to this question:
This matter concerns a COA that my company manages. Someone is trying to run for the Board who is not even a member. One of our real estate lawyers who I personally feel is a dunce claims he can do so. The HOA/COA consists of *owners*... so would the Board of Directors not consist of members only as well?
1 ANSWER
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Look into the COA documents - the answer should be in those documents. Quite frankly, I would be highly surprised to see a situation where a board member is authorized where he or she is not an owner/member of the association. In the declarations, I would expect to find a section describing the necessary qualifications, powers, and procedures for the board of directors.
Answered on Nov 13th, 2014 at 8:00 AM