Are There Any Restrictions on Homeowners Running for Office in Their Local Homeowners Association (HOA)?

Homeowners Associations (HOAs) play a crucial role in maintaining and managing the communal aspects of housing developments. If you're considering running for a board seat within your local HOA, it's important to understand the rules and restrictions that apply. This article will explore the conditions that a homeowner must meet to participate in HOA board elections, including residency requirements and other functional position limitations.

Conditions for Holding Board Seats

The primary governing documents of an HOA, such as Covenants, Bylaws, or Articles of Incorporation, contain the specific rules and requirements for holding board seats and other functional positions. These documents will serve as the foundation for understanding the necessary conditions.

Typically, these governing documents include a residents-only policy, which means that only residents of the community are eligible to hold board positions. This policy ensures that those who have a vested interest in the community's well-being are the ones governing its affairs. However, it's important to note that non-residents who rent may still have voting privileges, though they cannot serve as board members unless the bylaws permit it.

Examples of HOA Residency Requirements

While the principle of requiring residents to run for board positions is common, there can be varying degrees of residency requirements among HOAs. Here are a few examples and conditions that you might encounter:

Communication with the Community: A few HOAs require residents to actively communicate with their fellow community members. This can involve regular attendance at meetings or participating in community events. Financial Obligations: Some HOAs stipulate that board members must be current with their HOA fees. This ensures that the individual has a strong commitment to the community and its financial health. Ownership and Occupation: Certain HOAs differentiate between owners and investors. You might need to prove that you are not just investing in the property but also living in it. For example, some HOAs require the owner to occupy the property for more than 50% of the time. Ownership Requirement: In some cases, the bylaws may only allow individuals who own their properties to serve on the board, regardless of residency duration.

State-Level Intervention

It's worth noting that there are instances where state-level intervention can occur, especially if an HOA collapses. In these cases, the state can appoint a paid property manager to take over the management responsibilities. However, this is not a common practice and should not influence your decision to run for a board position if you are a resident and meet the necessary requirements.

Conclusion

In summary, while specific conditions vary among HOAs, running for a board seat in your local HOA typically requires active residency in the community. The governing documents will have the final say on what conditions are necessary for board membership. Understanding these conditions can help you better navigate the process and ensure that you meet the requirements to be a successful candidate.

To further assist you in your endeavor, consider researching and obtaining a detailed copy of your HOA's governing documents. If you have any doubts or questions, consulting with a legal professional experienced in HOA governance can also provide valuable guidance.