Renter on the Board
Adams Stirling PLC
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RENTERS ON THE BOARD

QUESTION: Our bylaws don't restrict who can serve on the board but they also don't allow nonmembers to vote. So what do we do--allow renters on the board but don't let them vote?

ANSWER: Absent any requirement in the governing documents that directors be members of the association, renters can serve on the board. Once elected to the board, renters can vote on issues that come before the board. The restriction on voting in your bylaws deals with membership elections. This creates and anomaly where renters cannot vote in membership elections but can be elected to the board and vote on issues affecting the association. 

Recommendation: To restrict directors to members only, you need to amend your bylaws.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC