Q: Our bylaws require 2-year residency before eligibility to serve on our board, BUT we’re desperate for a treasurer with experience.
A: Civil Code Section 5105 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. A HOA may choose to disqualify candidates who are delinquent in their assessment, convicted of felonies harmful to the HOA’s ability to obtain dishonesty insurance, have a co-owner who is already a nominee or director, or who have not been a member for a year.
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? I was told they are separate boards and that the two can live in the same house and hold a position on each of the boards.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.
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