Question:
Can board members serve longer than bylaws specify?
Can persons who own condos in the development but do not live within them development serve as a board member in good faith?
Can board openings be filled by management company choice?
– Joan
Answer:
It all depends on your bylaws. Your bylaws should tell you what qualifications board members should have and whether or not non-resident owners can serve on the board. Your bylaws should also tell you how board vacancies can be filled. Typically, associations should fill vacancies through elections. However, in some cases, such as when a board member resigns or is removed, an appointment may be made by the rest of the board. Again, it depends on your bylaws. You may also find direction under Section 504.811 of the Iowa Nonprofit Corporation Act.
If your bylaws specify that board members can only serve a certain number of terms, you must follow your that provision. Failure to follow your bylaws would be a breach of fiduciary duty for your board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
