Does Your HOA Have Established Qualifications for Those Who Serve as Directors?

It is commonplace for the governing documents of a homeowners association to have provisions that establish qualifications for those who serve on the association’s board of directors. The established qualifications​ for serving on an association’s board would generally be found in the bylaws but they could also have been included by the drafters of the documents in the association’s declaration or covenants, conditions, and restrictions (CC&Rs).

With the exception of qualifications that are discriminatory, an association can determine the Established Qualifications that it deems to be appropriate for serving as a director. Discriminatory qualifications that might prevent a person from serving on an association’s board of directors based on race, national origin, ethnic background, age, sexual orientation, religious beliefs, sex, or disability are prohibited under federal law. Common association qualifications for serving as a director include:

• The person must be a member of the association (this requirement typically prohibits renters and non-member spouses from serving on boards);
• The person must be in good standing (not delinquent in payments owed to the association for assessments or fines, and not have unresolved violations of the association’s governing documents);
• The person must not be: