Legal Question in Real Estate Law in California

According to the paragraph below, can a non owner be on the board of HOA?

ARTICLE II HRISERSHI P Section 1 - Membership. Every Owner shall be a Member of the Association. The terms and provisions set forth in this Declaration which are binding upon all Owners are not exclusive, as Duners shall, in addition, be subject to the terms and provisions of the Articles, Bylaws and Association Rules to the extent the provisions thereof ere not in conflict with this Declaration.

Membership of Owners shall be appurtenant to and may not be separated from the interest of such Owner in any Condominium. Ownership of a condominium shall be the sole qualification for membership; provided, however, a Member's voting rights may be regulated or suspended as provided in this Declaration, the Bylaws or the Association Rules.. No more than one (1) membership shall exist based upon ownership of a single Condominium.

Section 2 - Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in any way, except that such membership shall automatically be transferred to the transferee of the interest of an Owner required for membership.

Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. The Association shall have the right to record the transfer upon the books of the Association without any further action or consent by e transferring Own voting Rights. Upon the first conveyance by declaring of a Condominium to an individual Owner, the Association shall assume control of the Project and commence to perform its obligations hereunder at which time voting rights shall commence as to all Condominiums within the Project. All voting rights shall be subject to the restrictions and limitations provided herein and in the Articles, bylaws and Association Rules


Asked on 6/15/12, 11:55 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The paragraphs don't say anything, yea or nay, about HOA board membership.

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Answered on 6/15/12, 3:46 pm
Anthony Roach Law Office of Anthony A. Roach

That section only provides for owners, who shall be members. That does not exclude a non-owner from sitting on the board, nor even address board membership.

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Answered on 6/16/12, 12:06 pm


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