Non-Owner Not Eligible To Be A Board Member

One issue that recurs in condos is the question of whether or not a non-member (person not named on deed) is eligible to serve as a board member of an association. We have seen many fights -- and oddly enough, association attorneys spend association dues to fight for the right of non-members to serve on the board. Despite the fact that governing documents clearly state that board candidates must be association members listed on the deed, it seems that some folks -- including their attorneys -- can't read and squander owners' money in useless lawsuits.

A very important Arbitration Ruling from 2004 supports the fact that eligible candidates have to be DEEDED OWNERS of the association. See:

Maya Marca Condominium Association, Inc.

The Playa Del Mar Condominium association has an obvious case of a non-eligible person serving as the president of the association. The documents can't be clearer, the facts are not in doubt, but the board members and attorney Robert Rubinstein from the law firm of Becker & Poliakoff have even stopped officially appointed election monitors in order to keep board president Napolitano in office. 

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