HOA Board Member Requirements

An effective Board of Directors is critical to the success of any HOA. Board members should be reliable, ethical, and dedicated. They should also show good leadership, communication, and organizational skills.

However, it often takes more than just these desirable qualities to select a qualified board. HOAs must also consider state statutes and association bylaws and any other restrictions or regulations when considering the best options for potential board members.

Please see below for the top 5 restrictions and consideration prospective board members may encounter as they prepare throwing their hat into the ring for a spot on their community’s HOA board.

Members/Non-Members

Whether a board member must actually reside within the association to serve as an officer will vary from state to state. For example, Arizona law does not require that any board members live in the community they serve. Other states mandate residency, as well as HOA membership, in order to serve on the board.

So, if you’re hoping to go for that job promotion that would require you to relocate, depending on the state in which you live, we would recommend postponing your bid until after you’ve relocated to your new community.

Family Ties

For those who want to serve on your HOA’s board together as a family, know that depending on the state you live in, it may not be allowed. Some states, including Florida, prohibit spouses from serving on their association’s board concurrently (at the same time), while other states allow it.

For example, unless the association’s governing documents state otherwise, Arizona law permits spouses to serve together on an HOA board simultaneously, with the stipulation that only one may vote in a special election or annual meeting.

As a general best practice, we would recommend not serving concurrently with a spouse or another family member.
While your state or governing documents may allow it, it has the potential to create additional tension between the board as a whole and may, overtime, promote a sense of ambiguity in the membership as a whole toward their leadership.

Personal History

Many prospective HOA board members may wonder if they can be appointed as directors if they are otherwise qualified but have a history of past convictions or legal issues.

Governing documents often fail to address this subject, so you must refer to state law before going forward.

The laws on this will vary from state to state, too, so it is difficult for us to give general recommendations or advice on this subject. In Texas, for example, board members convicted of a felony immoral in nature within the past 20 years are prevented from board membership and may be immediately removed if currently serving.

How Many?

If you’re a current board member, you may wonder, “In addition to a president, secretary, and treasurer, how many directors are appropriate to appoint to the board?”

The answer to this question will vary by state and by association.

Texas law states that if an association’s bylaws do not specify how many people may make up the Board of Directors, there should be at least three people serving, or as many as the initial number of directors listed in the Articles of Incorporation at the time the association was founded. Most states will require at least 3 directors serve at any given time.

If your board seems to be struggling to accomplish the workload required of you by your governing documents, it may be wise to increase the number of board members currently serving (as long as you don’t exceed your state and association mandated limit).

Alternatively, you could shop for a new management company, as the right company should be making your workload lighter.

Term Limits

Before taking on a responsibility like a board member position, we understand some may wonder how long their commitment would be for. Some board members are elected annually, while others serve for two or three years consecutively.

Either the Articles of Incorporation or Bylaws should specify term length for board members, but if they don’t, state laws should have more specific conditions.

Texas allows for the first board to serve until the first annual election, with all subsequent members serving until the next annual election. In Arizona, board members may only serve for one year. Florida law allows for officers to serve for eight consecutive years.

Besides possessing great interpersonal and managerial skills, it is critical that HOA directors meet all legal qualifications before they serve.

If your governing documents fail to establish specific regulations, check your state laws to ensure that your board is compliant and able to function at full capacity and in the best interest of the entire community.

Here at Spectrum, we want to thank you for showing an interest in helping your community. We believe that our communities are better when people like you are willing to step up and serve. If you have any more questions or concerns, sign up for our blog today to get more of your questions answered.

Related: JellyBird HOA Management