QUESTION: Since no one in our association is willing to serve on the board, can we hire professional board members?
ANSWER:
Theoretically yes but you would need to amend your governing documents to allow for paid non-member directors.
Hold Harmless & Indemnity.
Paid professional directors are held to a higher standard than
volunteer directors. Homeowner associations being what they are, the
constant risk of being sued by disgruntled homeowners would discourage
anyone from serving without appropriate safeguards.
In the event you
found individuals willing to serve as professional directors, it is
unlikely they would do so unless your association signed a written
agreement holding them harmless from their own negligent acts and
indemnifying them against third party lawsuits. If they were smart, they
would also require that your association provide them with professional
liability insurance.
Higher Dues. Since professional directors don't work for free, your dues will go up. If no one is willing to serve, you may end up with a
receiver.