Q: Can an HOA board member continue to serve out their term after they no longer are owners?
Original articles of incorporation, created 20 years ago by the developer, allowed non-owners and non-residents to serve on the board. In early 2022, the articles were changed to require members to be owners. Do the original or revised articles apply to a board member elected before the revision to serve out their term?
A: It depends on how the language was drafted, which we obviously cannot read in this online forum. If it states the candidate must be an owner, there is nothing that would require his/her resignation prior to the end of the term. If the language states the board member must be an owner during their time of service, or similar language, then that changes things.
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