HOA Director Qualifications

State statutes frequently contain provisions that require homeowners associations to include provisions in their governing documents (i.e. bylaws and/or election rules) that specify the qualifications for candidates seeking election to the board of directors. Even in the absence of such provisions in the state statutes, unless the statutes prohibit establishing qualifications for board members, it is generally a good practice for homeowners associations to include director qualification provisions in their governing documents (typically in the bylaws).

Qualifications for Serving as a Homeowners Association Director.

A. Good Standing – The most typical requirement relative to the eligibility of an individual to run for a position on an association’s board of directors is that every candidate must be in “good standing” to run for election and to serve on the association’s board of directors. “Good standing” means that the candidate/director must:

1. Be current in the payment of all member assessment obligations; and
2. Not be in suspension of membership rights and/or privileges because of an infraction of the governing documents.

B. Litigation – a common eligibility requirement in some associations is that the candidate / director not be in litigation with the association as such a situation would create conflicting interests.

C. Must be an Owner – another common eligibility requirement is that all candidates / board members must be a record titleholder to one or more separate interests in the association. Because this qualification prohibits tenants from serving on a homeowners association’s board of directors, there are conflicting views on desirability of the requirement because it eliminates access to a pool of potentially interested tenant-occupants who might make valuable contributions to the association.

D. Must be a Resident – another common eligibility requirement is that all candidates for election to an association’s board of directors must be a resident within the development. While this requirement is generally beneficial, it can be problematic in developments, such as resort developments, that include a large number of nonresident owners.

E. Spouses / Family Members – another common eligibility requirement is that spouses and/or other blood relatives are prohibited from serving concurrently on the association’s board of directors due to the potential for conflicts of interest among related directors.

F. Minimum Age Requirement –