R.V. from Westchester County, New York writes:
Dear Mister Condo,
Two of our board members have sold their units and a third rented theirs. Can they still serve on board?
Mister Condo replies:
R.V., that answer will lie in your governing documents. Typically, unit owners are the only folks who can serve on the Board. The two Board members who have sold their units are likely no longer eligible to serve on the Board. The unit owner who is now renting his unit is still very much an owner and likely can serve on the Board. See what your condo docs say about eligibility to serve on the Board. The reason it is typically limited to owners is that they are directly impacted by decisions made by the Board. I wouldn’t want non-owners determining the fate of owners They would have nothing to gain or lose from the consequences of their decisions whereas unit owners are very likely to have only the best interest of their fellow unit owners in mind when they make decisions that affect the entire association. Good luck!
There are cases when it is reasonable for non-owners to be on a board. We are a +55 community with units often owned by relatives of the residents for various reasons, most often by children of the resident for tax/inheritance reasons. We are considering making a change to our documents (a valid somewhat common option) to allow a minority of board members to be non-owners.