Does Oregon have any Statutory Qualification Requirements for Board Members?

Yes, both the Oregon Condominium Act and the Oregon Planned Community Act address the statutory criteria for board of directors membership.  In addition to the criteria set forth below, associations should also look to their governing documents to determine if there are any additional qualification requirements for joining their association’s board of directors.

Pursuant to both the Oregon Condominium Act and the Oregon Planned Community Act, the following are the qualification requirements for board of directors membership:

(1)  Each member of the board of directors must be an individual and, except as provided in subsections (2) and (3) below, an owner or co-owner of a unit in the condominium or a lot in the planned community.

(2)  A director appointed by a declarant during the period of declarant control need not be an owner or co-owner of a unit in the condominium or a lot in the planned community. 

              (3)(a) Except as otherwise provided in the bylaws, prior to election to the board of directors, an individual described in this subsection, upon request of the board, shall provide the board with documentation satisfactory to the board that the individual is qualified to represent the entity or is a trustee or is serving in a fiduciary capacity for the owner of a unit or lot.

                  (b) If a corporation, limited liability company or partnership owns a unit in the condominium or a lot in the planned community or owns an interest in an entity that owns a unit in the condominium or a lot in the planned community, an officer, employee or agent of a corporation, a member, manager, employee or agent of a limited liability company, or a partner, employee or agent of a partnership may serve on the board of directors.

                  (c) A trustee may serve on the board of directors if the trustee holds legal title to a unit in the condominium or a lot in the planned community in trust for the benefit of the owner of the beneficial interest in the unit or lot.

                  (d) An executor, administrator, guardian, conservator, or other individual appointed by a court to serve in a fiduciary capacity for an owner of a unit or lot, or an officer or employee of an entity if the person appointed is an entity, may serve on the board of directors.

             (4) The position of an individual serving on the board of directors under subsection (3) of this section automatically becomes vacant if the individual no longer meets the requirements of subsection (3) of this section.

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