Guest Expert: Raymond J. Diaz, Esq.
Renters on Board
Q: Can a renter be an officer of the board? Our community has become mostly renters, and we are trying desperately to keep the association going. Not too many want to be involved. Now that a renter wants to be nominated for secretary, we wonder if that is acceptable.—Stafford, Va.
A: There is value involving renters in the affairs of the association. Their participation helps them become invested in the association and makes them assets to the community. They also will bring renters' perspective on issues to the board's attention. The board will make better decisions if it understands all viewpoints.
Nothing in Virginia law bars a nonmember of an association from being an officer or board member. So the answer to your question is in your association's governing documents. Many association documents require the president and sometimes the vice president to be a homeowner. However, most governing documents don't require other officers to be association members. If your documents are similar, a renter would be allowed to serve as secretary.
The principal association documents are the CC&Rs, the bylaws and, if the association is incorporated, the articles of incorporation. Typically, a bylaws article will deal with officers. This article will state what officers the association should have, their duties, how they are to be elected and how they can be removed. This article should include the eligibility requirements for each officer.
Even if you find your answer in the bylaws, you should check the articles of incorporation and the CC&Rs to determine whether they include eligibility requirements for officers and whether they are consistent with the bylaws. If they are inconsistent, consult a community association attorney to correct this error. If you don't find eligibility requirements for officers in any of the three documents, you can presume that nonmembers can serve as officers since Virginia law permits it.
A final caution: The eligibility requirements for board members are often different from those for officers. Many association documents will permit only association members to serve as board members. If your documents permit a renter to serve as secretary, don't presume they also permit a renter to serve as a board member.
Raymond J. Diaz is an attorney with Whiteford, Taylor & Preston in Falls Church, Va., and a member of CAI's College of Community Association Lawyers.
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