Who Can Serve on the HOA Board?
Who Can Serve on the HOA Board?
Raise your hand if you want to serve on the HOA Board! Don’t all jump up at once…
Finding volunteers to serve on your HOA board is not always an easy task. Even if you struggle to get enough homeowners to agree to serve, your governing documents and Arizona state law likely require you to be choosy about whom you allow to sit on your community association board.
So which homeowners in the association can, and can not, serve on the HOA Board in Arizona?
- In some states, such as Florida, spouses are prohibited from serving on their community’s association board concurrently. However, it is a legal practice in Arizona. Spouses may serve on the HOA Board at the same time – unless the documents, Articles of Incorporation, Bylaws or CC & R’s state otherwise. However, only one spouse or one owner of a property may vote in an annual election, special election or special meeting.
- Are you current on your dues? Most HOA documents state that an owner must be in good standing i.e. no delinquent dues, fines or fees before a vote is accepted to join the Board. Conversely, if a current member is in arrears, many association documents give the board member stipulations and time limits to become current or clear up the issue, or board service could be suspended. These are individual to each HOA, so check your Bylaws!
- Out of state, out of mind? Not in Arizona. Arizona HOA law does not require a board member to live in the community. Here again, each community’s documents are different. The Board may find the verbiage in their Bylaws or in the Articles of Incorporation.
- Another question that we occasionally hear is whether homeowners with past convictions can serve on the HOA board. Many homeowners associations in Arizona do not have governing documents that fully speak to this matter. We suggest implementing a Board Member Code of Conduct. You may download our HOA Board Sample Code of Conduct here.
Now you know the rules on who can serve, read “How to Hold an Effective HOA Board Election” to ensure your sanity when it comes to election time!
