Get 2 months of free community web site hosting from Community123.com!
Sunday, May 19, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Changing Bylaws to allow POAs to be Board Members
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JayD5
(Vermont)

Posts:2


12/18/2018 4:59 PM  
The annual meeting took place this evening and the president has quit, effective immediately. Since there were no nominations or volunteers present, a previous president was guilted into volunteering to fill the remaining year as president. I am not an owner of record. I am the owner's POA and am active in our HOA and attend all the meetings. Historically, it has been difficult to attract new board members in this small, 42 unit development of which about half of the units are owned by immigrants for whom English is not their first language.

Can the bylaws of our HOA be amended to allow POAs to be board members? Like myself, there is another POA here who would also like be a board member.

AugustinD


Posts:1575


12/18/2018 5:33 PM  
It is not uncommon for Bylaws to allow, for example, non-Members to be Directors and/or Officers on a HOA Board. As long as the amendment procedures for the Bylaws are followed, I would say yes.

GeorgeS21
(Florida)

Posts:1208


12/18/2018 7:59 PM  
So, the members elect officers at the annual meeting? Normally, only directors are elected at annual member meetings... and then directors elect officers.

If no one wants to be on the Board, perhaps it’s time to fold ... or hire an MC and bill everyone?
JayD5
(Vermont)

Posts:2


12/18/2018 8:03 PM  
Thank you for your response. Can you direct me to any literature online that would lend support your statement? This would be a great help in convincing our HOA Board to allocate the time and expense necessary to make such an amendment.
AugustinD


Posts:1575


12/19/2018 6:59 AM  
JayD5, it was another HOA where the I lived where the Bylaws did not require directors to be members of the HOA. It comes up here from time to time, and people have reported similar experiences. Here's all I would be able to present.

-- Amendments of Bylaws are appropriate as long as they do not violate federal law, state law or municipal law or case law. The courts look to what the Bylaws and CC&Rs say and also want to see "reasonable and fair."

-- I presume your HOA is incorporated. Parallels between corporate shareholders and HOA members are drawn all the time in case law. (Both shareholders and HOA members own property of the corporation jointly.) You could observe to your HOA Board that corporations with shareholders generally do not require that the directors be shareholders.

-- Advise the board to consult a HOA attorney. The first thing the attorney will do is scour your governing documents and Vermont law (https://www.hopb.co/vermont/) for HOAs.
DouglasK1
(Florida)

Posts:1393


12/19/2018 9:22 AM  
Assuming you follow the requirements in the bylaws for amending them, allowing non-owners in general, or a specific group (POA holders, for example) should be fine.

We still have the language that directors don't have to be owners that the developer wrote. Sometimes people will say we should change that, but if people don't want non-owners, they just don't vote for them. In our case I don't think we've had one run for office in twenty or so years since turnover.

Escaped former treasurer and director of a self managed association.
GenoS
(Florida)

Posts:2892


12/19/2018 2:14 PM  
In Florida, if the governing documents require directors to be members then someone holding a POA may not be on the board. As others have said, you could amend your documents to allow certain non-members to be eligible for the board unless Vermont prohibits it.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Changing Bylaws to allow POAs to be Board Members



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement