There is no law establishing qualifications for directors. To be eligible for election to the board of directors, candidates must meet the qualifications established in the association's governing documents. Qualifications for serving on the board are normally found in the bylaws. In older unincorporated associations, they are often found in the CC&Rs.
No Director Qualifications
. Original documents prepared by the developer often do not require any qualifications for serving on the board. This allows the developer to appoint non-owners to the board until such time as homeowners assume control. This means anyone, including tenants and delinquent owners, can serve on the board.
. Associations may amend their bylaws to establish reasonable qualifications for directors. Reasonableness is determined by whether the requirement is rationally related to the protection, preservation or proper operation of the association. (Laguna Royale v. Darger
.) After homeowners assume control of their association, they frequently amend their documents to require director qualifications. Some of the more common qualifications include:
For a full list of director qualifications, see "Nominations" in the Election Menu
: For assistance establishing director qualifications for your association, contact us