HOA Board Member Requirements by State: Who Can Serve, and Who Is Disqualified

Quick Answer

In most states you must own in the community to sit on its board. Past that, the states that have written a rule mostly limit what an association may add, and a few disqualify people automatically. The board itself does not get to decide who is qualified.

This is our reading of these statutes, offered to support your own review, and it is not legal advice. Your governing documents add detail, and eligibility disputes turn on exact wording. Confirm with your association's attorney before you disqualify anyone.

California: A Closed List

California is the clearest example of a state taking the decision away from the board. Civil Code §5105 sorts every possible disqualifier into three groups.

Must disqualify. A person who is not a member of the association at the time of the nomination, and a nominee who has already served the maximum number of terms or sequential terms the association allows. A director who stops being a member is disqualified from continuing to serve (§5105(b)).

May disqualify, but only through the bylaws or the election operating rules (§5105(c)):

• 1A nominee who is not current on regular and special assessments. If the association requires this of nominees it must require it of sitting directors too.

• 2A nominee who, if elected, would serve at the same time as another person holding a joint ownership interest in the same separate interest, where that other person is properly nominated or is an incumbent.

• 3A nominee who has been a member for less than one year.

• 4A nominee with a past criminal conviction that would prevent the association from buying the fidelity bond coverage required by Civil Code §5806, or would terminate its existing coverage.

May never disqualify. Anyone for unpaid fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party (§5105(d)). A nominee who paid an assessment under protest, or who is on a payment plan and keeping to it, cannot be disqualified for delinquency. And nobody may be disqualified unless they were first offered internal dispute resolution (§5105(e)).

Two more rules close the gaps. An election rule is not reasonable if it stops a member from nominating themselves (§5105(a)(3)). And whatever the association requires of a nominee, it must also require of a director (§5105(f)).

So a California rule that candidates must have "no open violations" or must "attend three board meetings first" has no basis in the statute. More in California HOA election rules.

Florida: Automatic Bars and a Training Clock

Florida starts from openness and then removes people by operation of law.

Homeowners associations (§720.306(9)). All members are eligible to serve, and a member may nominate themselves at the meeting where the election is held, unless the process allows nominations in advance. Then two bars apply automatically:

• A person who is delinquent in any fee, fine or other monetary obligation to the association on the last day they could be nominated may not seek election, and their name does not go on the ballot.
• A person convicted of a felony is not eligible unless their civil rights have been restored for at least five years as of the date they seek election.

The delinquency rule keeps working after the election. A board member who becomes more than 90 days delinquent is deemed to have abandoned the seat, which creates a vacancy.

Condominiums (§718.112(2)(d)2.). In a residential condominium association of more than 10 units, co-owners of a unit may not serve on the board at the same time unless they own more than one unit, or there are not enough eligible candidates to fill the vacancies. A person who is delinquent in any assessment, or who has been suspended or removed by the Division, is not eligible to be a candidate. The same felony rule applies.

Training. Florida is the state where qualifying does not end at the election.

• An HOA director must, within 90 days of being elected or appointed, submit a certificate of having completed the department-approved education for new directors. After that, a director of an association with fewer than 2,500 parcels completes at least 4 hours of continuing education a year, and at 2,500 parcels or more at least 8 hours. A director who does not file on time is suspended until they comply, and the board may temporarily fill the seat (§720.3033(1)).
• A condominium director must submit a written certification that they have read the governing documents and will uphold them, and a certificate from an education curriculum of at least 4 hours, within one year before or 90 days after the election or appointment, followed by at least one hour of continuing education each year. A director who misses the deadline is suspended until they comply (§718.112(2)(d)4.b.).

One sentence protects the association when eligibility is discovered late: the validity of a board action is not affected if it later turns out that a member of the board was ineligible (§720.306(9)(b)). More in Florida HOA election law.

Texas: The Association Can Barely Restrict Anyone

Texas goes the other way. Except as the section itself provides, a provision in a dedicatory instrument that restricts a property owner's right to run for the board is void (Prop. Code §209.00591(a)). That includes the restrictions boards most often want, such as being current on assessments or having no violations.

What the statute does allow is narrow:

• Residency, for some seats. The bylaws may require one or more board members to live in the subdivision, but may not require all of them to (§209.00591(a-1)).
• Seats by section. An association governing several sections may reserve board positions to be elected from designated sections, and may require those members to live there (§209.00591(a-2)).
• No two from one household. A person may not serve on the board if they cohabit at the same primary residence with another board member. This does not apply to an association with fewer than 10 residences (§209.00591(a-3)).
• Criminal convictions. If the board is presented with written, documented evidence from a database or record kept by a governmental law enforcement authority that a board member was convicted of a felony or a crime involving moral turpitude not more than 20 years earlier, that member is immediately ineligible, automatically considered removed, and prohibited from future service (§209.00591(b)).

Note what triggers the conviction rule: documented evidence from an official source, presented to the board. A neighbor's allegation is not that. More in Texas HOA election rules.

Nevada: Ownership, Relationships and Conflicts

Nevada requires an executive board of at least three members, all of whom must be units' owners. Officers need not be owners unless the governing documents say so (NRS 116.31034(1)).

Unless appointed by the declarant, a person may not be a candidate for or a member of the board, or an officer, if (NRS 116.31034(10)):

• They live in a unit with, are married to, are domestic partners with, or are related within the third degree by blood, adoption or marriage to another person who is a board member or officer.
• They stand to gain any personal profit or compensation of any kind from a matter before the board.
• They, their spouse, or their parent or child performs the duties of a community manager for that association.

The family rule relaxes when there are no more candidates than seats (NRS 116.31034(12)). If a person is ineligible, the association must not put their name on the ballot and must stop them from serving (NRS 116.31034(13)).

Nevada also treats two things as disclosure, not disqualification. Every candidate must make a good faith effort to disclose any financial, business, professional or personal relationship that would be, or would appear to a reasonable person to be, a conflict of interest, and must disclose whether they are a member in good standing. A candidate with unpaid, past due assessments or construction penalties is not in good standing. The association distributes those disclosures with the ballot (NRS 116.31034(9)). Being behind does not take a candidate off a Nevada ballot. It puts the fact in front of the voters.

When a unit is owned by a corporation, trust, partnership, limited-liability company or estate, an officer, trustee, partner, member, manager or fiduciary may serve, after filing proof of the relationship in the association's records (NRS 116.31034(14)). More in Nevada HOA election rules.

Where the Statute Says Little

Many states set a floor and leave the rest to the documents.

• Connecticut. After declarant control the unit owners elect an executive board of at least three members, at least a majority of whom must be unit owners (C.G.S. §47-245(f)). The board may not determine the qualifications of its own members (§47-245(b)(4)). Detail in Connecticut HOA laws on voting.
• Alabama. A director must be a natural person at least 19 years old and need not be a resident of the state or a member unless the certificate of incorporation or bylaws require it. The certificate or bylaws may prescribe qualifications, which must be reasonable as applied to the corporation and lawful (Ala. Code §10A-3A-8.02). Detail in Alabama HOA laws on voting.
• South Carolina. The Homeowners Association Act has no eligibility rule at all, so the documents and the Nonprofit Corporation Act control. Detail in South Carolina HOA laws on voting.

In a state like these, the question to ask is where the qualification is written. A requirement in the recorded declaration or the bylaws binds. A requirement the board announced at nomination time usually does not.

Checking Eligibility Before the Ballot Goes Out

Most eligibility fights happen because the check was made late, privately, or against one candidate only. A process that holds up:

• 1Write the list down once. Copy the qualifications from the statute and the governing documents into the call for candidates, with the section numbers.

• 2Fix the date. Eligibility is measured on a named day. Florida uses the last day to be nominated. California measures membership at the time of nomination. Use the same day for everyone.

• 3Check every candidate the same way. Ownership against the deed records, assessments against the ledger, and nothing else unless the documents name it.

• 4Tell a candidate in writing, with the reason, in time to cure it. California requires an offer of internal dispute resolution before a disqualification.

• 5Keep the record. The candidate list is an election record. If the election is challenged, what you checked and when is the first thing asked for.

The nomination steps around this are in how to nominate board candidates, and the first months after winning are in the first-time HOA board member guide.

FAQ

Q: What are the requirements to be on an HOA board?

Usually ownership in the community, plus whatever your state statute and governing documents add. California allows an association to add only four optional conditions (Civ. Code §5105(c)). Florida bars delinquent owners and certain felons automatically (Fla. Stat. §720.306(9)(b)). Texas voids most restrictions on an owner's right to run (Prop. Code §209.00591(a)).

Q: Can a renter serve on an HOA board?

Generally not as a voting director. California requires an association to disqualify a nominee who is not a member (Civ. Code §5105(b)), and Nevada requires every executive board member to be a unit's owner (NRS 116.31034(1)). Elsewhere it depends on the documents. Alabama, for example, does not require a director to be a member unless the certificate or bylaws say so (Ala. Code §10A-3A-8.02(b)).

Q: Can a husband and wife serve on the same HOA board?

Not in Texas if they share a primary residence and the association has 10 or more residences (Prop. Code §209.00591(a-3)), and not in Nevada unless there are no more candidates than seats (NRS 116.31034(10), (12)). In a Florida condominium of more than 10 units, co-owners of one unit may not serve together unless they own more than one unit or there are too few candidates (§718.112(2)(d)2.). In California it is barred only if the association adopted that rule (Civ. Code §5105(c)(2)).

Q: Can a felon serve on an HOA board?

In Florida, not unless their civil rights have been restored for at least five years (§720.306(9)(b)). In Texas, a board member shown by official records to have a felony or moral-turpitude conviction within the past 20 years is automatically removed (§209.00591(b)). In California a conviction matters only if it would cost the association its required fidelity bond coverage and the association has adopted that rule (§5105(c)(4)).

Q: Can you run for the HOA board if you are behind on dues?

In Florida, no (§720.306(9)(b)). In California, only if the bylaws or election rules say so, and never for unpaid fines or late charges (§5105(c)(1), (d)). In Texas a rule that bars a delinquent owner from running is void (§209.00591(a)). In Nevada you may run, and the fact is disclosed to the voters (NRS 116.31034(9)).

Q: Do HOA board members need training or certification?

In Florida, yes. HOA directors file an education certificate within 90 days and complete 4 or 8 hours of continuing education a year depending on the size of the association (§720.3033(1)). Condominium directors file a written certification and an education certificate and complete one hour a year after that (§718.112(2)(d)4.b.). Most other states have no requirement.

Q: Can the board decide a candidate is not qualified?

The board applies the qualifications. It does not write them. Connecticut and Nevada say outright that the executive board may not determine the qualifications of its members (C.G.S. §47-245(b)(4); NRS 116.3103(2)(d)), and California permits disqualifiers only through the bylaws or election operating rules.

Q: Can a company or a trust that owns a home put someone on the board?

Often, yes. California lets the governing authority of a legal entity that holds title appoint a natural person to be the member for election purposes (Civ. Code §5105(b)(2)). Nevada lets an officer, trustee, partner, manager or fiduciary of an entity owner serve after filing proof of the relationship (NRS 116.31034(14)).

The Bottom Line

The instinct on most boards is that the association sets the bar for who may run. The statutes say otherwise. California gives a closed list. Texas voids restrictions. Nevada and Connecticut forbid the board from setting qualifications at all. Florida does the disqualifying itself, and then keeps checking after the election.

Before the next call for candidates, write down every qualification your association applies and put a citation next to each one. Anything without a citation is a rule you made up, and it is the one a disqualified candidate will challenge.

Sources: California Civil Code §5105; §5806. Florida Statutes §720.306(9); §720.3033(1); §718.112(2)(d)2., (2)(d)4.b. Texas Property Code §209.00591. Nevada Revised Statutes 116.31034; 116.3103(2). Connecticut General Statutes §47-245(b), (f). Code of Alabama §10A-3A-8.02. South Carolina Code §27-30-110 to §27-30-170. Read on October 12, 2026.