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Homeowners often wonder who can serve on their Homeowners’ Association (HOA) board and whether board members must live within the community. This question is especially important because board members make decisions that directly affect the neighborhood, property values, and daily living experience. Understanding residency requirements for HOA board members can help homeowners feel confident that their leaders have a genuine stake in the community.
In this article, we’ll explore the key factors that determine whether HOA board members must live in the community, typical eligibility rules, the pros and cons of non-resident board members, legal considerations, and how Kuester Management Group offers Expert HOA management in Charlotte, Huntersville NC, Wilmington NC, Myrtle Beach SC, and Fort Mill SC.
Does Being an HOA Board Member and a Neighbor Go Hand-in-Hand?
The short answer is: It depends.
Whether HOA board members must live in the community depends largely on the HOA’s governing documents–such as the bylaws and CC&Rs (Covenants, Conditions & Restrictions)–as well as applicable state laws and rules and regulations. Some HOAs explicitly require that board members be residents, while others permit property owners who don’t live on-site, such as landlords or absentee owners, to serve.
Typical HOA Board Member Eligibility Requirements
Most HOAs require that board members meet certain eligibility criteria, which often include:
- Must be a property owner: Nearly all HOAs require board members to own property within the community, but not necessarily live there.
- Resident vs. non-resident: Some HOAs restrict board membership to full-time residents to ensure leaders have firsthand knowledge and engagement with issues such as community maintenance and community standards.
- Allowing non-resident owners: Other communities permit landlords or investors who own property but don’t reside there to serve, recognizing their financial stake in the community.
- Additional criteria: Some HOAs may require members to not have delinquent dues, have no outstanding violations, or meet other standards.
Pros and Cons of Non-Resident Board Members
There are both advantages and disadvantages to allowing non-resident property owners on the HOA board:
Pros:
- Experience managing multiple properties: Landlords or investors may bring valuable property management experience and business acumen.
- Objective perspective: Non-resident members might offer a more impartial viewpoint, less influenced by personal interactions or social dynamics in the community.
Cons:
- Less day-to-day engagement: Non-resident members may not witness issues firsthand or participate in community events, potentially limiting their insight.
- Concerns about priorities: Homeowners may worry that absentee board members prioritize investment returns over residents’ quality of life.
Legal Considerations & How to Check Your HOAs Rules
To understand who can serve on your HOA board, homeowners and board members should:
- Review the HOA’s governing documents: The bylaws and CC&Rs usually specify board member eligibility and residency requirements.
- Check state laws: Some states have statutes governing HOA governance and may mandate residency or other qualifications.
- Consult with legal or management experts: If documents are unclear or outdated, professional advice can help clarify and update rules to comply with laws and community expectations.
How Kuester Management Group Helps Ensure Fair & Effective HOA Governance
Kuester Management Group partners with HOA boards and communities to establish clear, fair policies around board member eligibility and governance:
- Bylaw review and updates: We assist HOAs in reviewing governing documents to ensure eligibility requirements align with state law and best practices.
- Guidance on board member selection: Kuester helps communities develop transparent criteria and procedures to select engaged, qualified board members.
- Fair and transparent elections: We facilitate elections that comply with legal standards and foster strong leadership.
- Ongoing governance support: Kuester supports boards with training, policy enforcement, and communication to maintain trust and community involvement.
Whether your HOA is considering updating residency requirements or simply wants to confirm current rules, Kuester Management Group provides expert guidance to keep governance fair, transparent, and effective.
Following the Rules and Regulations Matters
While the question of whether HOA board members must live in the community varies by association, clarity in governing documents and adherence to state laws is key. Both resident and non-resident board members can contribute to a well-run HOA, but communities must carefully weigh the benefits and potential concerns. Professional management companies like Kuester ensure that communities establish and enforce clear rules, empowering boards to lead with accountability and homeowner trust.
If your community is considering updates to board member qualifications or needs help with governance policies, Kuester Management Group can assist. Contact us today to learn how we can help your HOA build a strong and engaged leadership team.
FAQs
Can a landlord or investor serve on an HOA board?
Yes, if the HOA’s governing documents permit non-resident property owners to serve, landlords and investors can be board members.
What happens if a board member moves out of the community?
It depends on the HOA’s bylaws; the board member may need to resign or could remain if non-resident members are allowed.
Do state laws require HOA board members to be residents?
State laws vary–some require residency, but many defer to the HOA’s governing documents for eligibility rules.
Does the HOA President have to live there?
Residency requirements for officers like the President depend on the HOA’s bylaws and are often the same as for general board members.
How can an HOA management company like Kuester help enforce board eligibility rules?
Kuester reviews governing documents, ensures compliance with laws, verifies member eligibility, and facilitates transparent board elections to uphold rules.
Can tenants (non-owners) serve on an HOA board?
Typically, no; most HOAs require board members to be property owners, so tenants are usually ineligible to serve.
