Director Election and Term

Must the HOA have directors?

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

Can the governing documents require directors to meet specific qualifications?

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.

How long do directors serve?

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 …

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