FREQUENTLY ASKED QUESTIONS

The governing documents can require that directors have certain qualifications provided the requirements are reasonable. In most associations, directors must be owners. In some associations, directors must be resident owners. In other associations, directors are required to be “in good standing” which means that they are not delinquent in payment of assessments.

After the Association is turned over from declarant control, the directors are elected by a vote of the owners. Most governing documents require this election to occur at the association’s annual meeting. Some governing documents also contain specifics about the procedure for the nominations and the election, but there are no specific requirements that apply to every association.

A director may be removed by owner vote at any time. The owners do not need a reason for the removal. The number of owner votes needed to remove a director is controlled by state law and varies. To remove a director, the owners typically will be required to call a special owners meeting with director removal on the meeting agenda.

The length of the directors’ terms is usually specified in the governing documents. It is not necessary for all directors to have terms of the same length, or for all directors’ terms to expire in the same year. Frequently, the governing documents provide for staggered terms, so that fewer than all the board seats are open at one time.

The method of selecting a director to fill a vacancy following a resignation or removal is usually prescribed in the governing documents. Often the governing documents will provide that the remaining directors have the authority to appoint a new director until the owners are able to elect a replacement director, but you should carefully consult your governing documents on this topic.

Incorporated associations are legally required to have directors. Unincorporated associations need not have directors.