Eric Glazer, Esq.
May 6, 2013
condominium law provides that:
otherwise provided in the bylaws, the members of the board shall
serve without compensation.
HOA law provides that:
director, officer, or committee member of the association may
not directly receive any salary or compensation from the
association for the performance of duties as a director,
officer, or committee member and may not in any other way
benefit financially from service to the association.
Officers and directors can get compensated however if authorized
in the governing documents or if authorized in advance by a vote
of a majority of the voting interests voting in person or by
proxy at a meeting of the members.
So there you have it. You can get compensated for serving
on the Board. It
just has to be stated in the bylaws or declaration.
Why is it then, that virtually no documents that I have
ever seen contain a clause that allows directors to get
Board members will tell you that they spend countless
hours per year devoted to a position where they are second
guessed, yelled at, woken up and defamed.
And that's the benefits of this non paying position!
They also negotiate with vendors, help prepare the
budget, keep on top of the staff, work with association's
counsel, attend meetings, sign checks and more.
Is it unreasonable to ask: why would anyone do this if
you don't even get paid minimum wage?
Wanting to do good for your community and volunteer your
time to help others is certainly a noble cause.
But, is it enough to attract the most qualified people in
the community to serve on the Board?
Would payment to directors attract more qualified
candidates? If Board
members did get paid, what's the best way to handle it?
An hourly fee? A
monthly fee? Anyone
out there think that compensation should simply be prohibited?
Does anyone live in a community where the directors are
paid? If so, how
much and how is it working out?