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Subject: Non-Resident Board of Trustee Member
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RichardS26


Posts:0


09/16/2013 10:02 AM  
A homeowner who was a HOA Board of Trustee member at a HOA in New Jersey moved to Florida for about one (1) year and rented their house during that time. The homeowner returned to New Jersey and reoccupied the house with the renter leaving. After being a non-resident of the the development for at least a year the person returned to their position as a Board of Trustee member of the HOA. Was this proper?
FredB4
(Ohio)

Posts:375


09/16/2013 10:32 AM  
I would think that if he was never formally removed from the board or replaced then it would be OK. Normally he should have been removed and his position given to someone else. If that didn't happen and there was no one in the position what is the problem ?
CarolR11


Posts:0


09/16/2013 11:47 AM  
I'm with Fred--we don't have enough details:

Do your bylaws state that board members must live on the property?

Did his term expire while he was away?

Was there a vacancy when he returned and the Board appointed him?
TimB4
(Virginia)

Posts:17008


09/16/2013 12:19 PM  
Posted By RichardS26 on 09/16/2013 10:02 AM
A homeowner who was a HOA Board of Trustee member at a HOA in New Jersey moved to Florida for about one (1) year and rented their house during that time. The homeowner returned to New Jersey and reoccupied the house with the renter leaving.




All this provided was the physical location of the individual.
It did not tell us if they ever resigned their position from the Board.

If they did not resign, recalled or removed, that individual would have still been a duly elected Director.


Posted By RichardS26 on 09/16/2013 10:02 AM
After being a non-resident of the the development for at least a year the person returned to their position as a Board of Trustee member of the HOA.




In addition to my earlier statement (If they did not resign,. . . would have still been a duly elected Director) it is likely that the Board would have the authority to appoint individuals to fill empty seats, including the Director who resigned the seat earlier.


Posted By RichardS26 on 09/16/2013 10:02 AM

Was this proper?




To answer that question I would need to know the answers to the following questions:

1) Do your governing documents require Directors to be residents of the development?
2) Did the individual resign when they moved from the development?
3) Does the Board have the authority to remove a Director for any specific reasons (like missing x meetings)?
4) If the answer to #3 was yes, what is the language that gives them that authority?
5) If the answer to #3 was yes, did the Board actually exercise that option and remove this individual from serving as Director?
6) Was the individual recalled by the membership prior to them moving?


MatthewW4
(Arizona)

Posts:500


09/16/2013 2:38 PM  
Richard,

Bylaws are often silent on the matter of who may be on the board because there was a time when your developer (most likely a non-resident) controlled the board.

Those bylaws that do restrict board members normally do so by restricting them to owners and not necessarily owner/residents. My understanding from your post was that the director in question owned his property before he went to Florida, while he was there, and after he came back. Therefore, if there was no requirement that he physically occupy his property at all times then he was likely qualified to sit on the board.

FredB4
(Ohio)

Posts:375


09/17/2013 4:51 AM  
I can't imagine how someone can be an effective board member living in a different state.
TimB4
(Virginia)

Posts:17008


09/17/2013 5:51 PM  
Posted By FredB4 on 09/17/2013 4:51 AM
I can't imagine how someone can be an effective board member living in a different state.




It depends on the individual.

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