Q: Our bylaws require 2-year residency before eligibility to serve on our board, BUT we’re desperate for a treasurer with experience. E.G., PowayA: Civil Code Section 5105(c) was amended several years ago to list one mandatory eligibility standard — membership in the HOA — and four optional eligibility standards that could be stated in bylaws or election rules. The statute did not say that these were the only allowable optional standards, but most lawyers have opined that the list is exclusive, not inclusive — so these are the only four standards. Q: Can two people living in the same house be on two different boards, for example, one on the architectural committee and the other on the HOA board? A: One of the four optional eligibility standards in Civil Code Section 5105 is that co-owners may be prohibited from being board candidates or directors at the same time.

Source: thestar August 20, 2023 02:47 UTC