The requirements for an HOA board member can be quite confusing, especially for those who don’t know where to look. However, homeowners who wish to serve their community must understand what it takes to join the HOA board. While their hearts might be in the right place, they might not possess the qualifications to become a board member of their association.
What are the Requirements for an HOA Board Member?
Homeowners who want to serve on their HOA board must go through the proper channels. This usually means securing a nomination, running as a candidate, and obtaining votes from the membership. However, before one can even secure a nomination, one must have the right qualifications. When it comes to understanding the qualifications for an HOA board member, there are two things to consider: state laws and the governing documents.
State Laws on HOA Board Member Requirements
State laws don’t usually specifically dictate the requirements or qualifications for board membership. However, some states prohibit certain types of restrictions that associations can place. For instance, in Texas, Section 209.00591 of the Property Code prohibits HOAs from requiring all board members to reside in the community.
Governing Documents on HOA Board Member Qualifications
Apart from state laws, homeowners should refer to their association’s governing documents for board member qualifications. More specifically, the HOA’s bylaws should contain this information. If both state laws and the association’s bylaws are silent, then there are no requirements or qualifications. Put, just about anyone can run for a position on the HOA board, even those who are not members.
If an HOA does not have board member requirements, it is best to establish them as soon as possible. This way, the HOA can control the members who wish to run for office. It can help prevent problems in the future, such as board members who are not affiliated with the HOA and, therefore, don’t have the association’s best interests at heart.
Amending the bylaws, though, is no easy feat. It typically requires a vote from the membership. Associations who wish to amend their bylaws to enact board qualifications are better off seeking professional assistance. This way, they can ensure their amendments don’t conflict with state laws or existing bylaws.
Common HOA Board of Directors Qualifications
While HOA board qualifications can differ from one association to another, some are more common than others. Here are the typical qualifications for board membership.
Homeownership
More often than not, bylaws require board members to have a vested interest in the HOA by being a homeowner. Homeowners are more likely to make decisions for the community, as their decisions can affect their way of life and property values. The homeownership requirement usually means that those who don’t appear on the title can’t serve on the HOA board.
Minimum Duration of Ownership
If a person has been a homeowner within the HOA for less than a year, they are usually not allowed to run for the board. This gives them more time to acquaint themselves with how the community works before making major decisions for the HOA.
No Joint Ownership
To avoid giving one household too much power, no two members must have joint ownership and serve on the board simultaneously. If spouses appear on the title together, only one can be a board member at a time.
No Delinquency
Board members must not have outstanding or unpaid dues to the HOA. In California, the exception to this is when the homeowner is in a payment plan, is paying under protest, or they weren’t provided an opportunity to enter internal dispute resolution.
No Criminal Conviction
Usually, HOA bylaws don’t allow owners with past criminal convictions to join the board. This is usually because the criminal record would interfere with the HOA’s ability to secure fidelity bond or insurance. However, in California, if a person has a felony conviction within the past 10 years, they can still serve on the board. The exception is if their felony conviction would prevent the HOA from getting a fidelity bond.
No Litigation
Some bylaws dictate that board members can’t be in litigation with the HOA to serve on the board. This is due to the conflict of interest and confidentiality issues that the situation creates. However, in California, such a requirement is deemed null and void.
Rule Compliance
Board members should follow the association’s rules, as they serve as role models for their constituents. According to California law, a member with unpaid fines and outstanding violations can still be a board member.
Time Commitment
Since serving on the board requires a significant time investment, board members are expected to commit. This includes attending board meetings, discussing association matters, meeting with vendors, etc.
Code of Ethics
Board members are expected to adhere to high ethical standards. They must be honest and transparent, especially since they deal with association finances.
How to Be Elected as an HOA Board Member
Homeowners should first consider the commitments that they would have to make before running for the board. Board members must invest a lot of time and energy in their association. They hold significant responsibilities and must always put the HOA’s interests above their own.
After these considerations, you can then follow these steps on how to be a HOA board member.
1. Start Small
The first thing you should do is express your interest by starting small. You can attend board meetings, volunteer for committees, and participate in HOA events. It is also worth informing the existing board that you intend to run at the next election.
2. Review Governing Documents
You must understand their governing documents before you can run. You must know the qualifications and requirements for HOA board membership. Moreover, you must also know the election rules of the community.
3. Secure a Nomination
Once nominations open, throwing your hat in the ring is important. This usually means having board members or other homeowners nominate you for candidacy. If self-nominations are permitted, you can submit your own name for nomination.
4. Campaign
After securing a nomination, the next step is to run your campaign. It’s critical to let other members know that you’re running for a position on the board. Use the materials and facilities that the HOA allows. Attend candidate forums and meetings where you can discuss your platform. Sharing your ideas and qualifications with the rest of the community will help you get more votes.
5. Vote
The final step is to vote. At this point, homeowners will vote for the candidates they wish to elect. After counting the votes, you will find out if you’ve won the election.
If you manage to secure a position on the board, make sure to go through proper training. There are also many resources available online that you can use to supplement your education. Put in the work, and don’t stop learning.
Skills and Qualities of a Good HOA Board Member
Board members come in all shapes and sizes. Some board members, though, are better than others. Homeowners who wish to be the best at what they do should work on the following skills and qualities:
- Leadership Skills. Board members are leaders. Therefore, they should have leadership skills. They must know how to delegate and inspire others.
Communication Skills. Board members must know how to communicate information and their ideas clearly and professionally. Communication is always part of the recipe, from residents and vendors to managers and fellow board members.- Willingness to Learn. Nobody’s perfect, and board members must accept that. They must be open to learning and willing to serve their community.
- Financial Management Skills. Although not always a requirement, financial aptitude is always a bonus. Managing an HOA usually involves accounting and budgets, so financial literacy is good to have.
- Honesty and Integrity. Good board members must always be honest and transparent with others, especially regarding finances and decisions.
- Conflict Resolution Skills. Resolving conflicts is a part of a board member’s job. They must approach each conflict with an objective and open mind, to reach a compromise.
- Fairness. The HOA board has no room for selective enforcement, biases, and personal vendettas.
- Team Player. No board member is an island. Board members must work together for the betterment of the HOA. As such, board members must be team players.
- Problem-Solving Skills. Problems will always arise within the community. Board members must know how to approach these problems with a level head and work toward a solution.
Requirements for HOA Board Member FAQs
Here are the frequently asked questions on board membership in HOAs.
How many board members should there be in an HOA?
Typically, an HOA board requires at least three members to function. State laws also usually require three board members, but this can vary. The HOA’s bylaws may also have a say in the matter.
Can an HOA board member serve consecutive terms?
A board member may run for re-election after serving one term. However, most HOA bylaws dictate a term limit or a cap on the total number of terms a single person can have.
Do HOA board members get paid?
Board members don’t receive payment or compensation for their service as a standard. Board members are volunteers, so they commit to serving their HOA without anything in return. Most of the time, bylaws also prohibit paying board members or waiving their dues as compensation.
Can I join my HOA board if my spouse is already a board member?
This will depend on state laws and the HOA’s bylaws. Generally, spouses are not allowed to serve on the HOA board simultaneously. This usually falls under the qualifications of homeownership (both spouses’ names must appear in the title) or joint ownership (no two homeowners in the same household can serve at the same time).
Understanding Board Membership
The requirements for an HOA board member can vary from one association to another. Both state laws and the HOA’s bylaws can dictate board member qualifications. As such, it is essential to review these documents before running for a position on the board. Furthermore, homeowners must prepare themselves and make the proper commitments.
Clark Simson Miller provides expert HOA management services to homeowners associations and condominiums. Call us today at 865.315.7505 or email us at help@csmhoa.com to get started!
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