Directors’ Qualifications and Disqualifications

We recommend that corporations have qualification and disqualification provisions in their by-laws.  These by-laws allow the corporation to deal with the following issues among others:

  1. limiting board membership to owners and/or residents living with owners,
  2. requiring the delivery of information before the election about the candidates so that owners can know who they may be voting for and why or why not they should vote for them,
  3. controlling interaction between the board and owners who might be in litigation with the corporation,
  4. disqualifying board members from the board if they fail to attend a certain number of meetings without a valid excuse, so that people do not just get elected to the board and then do not make the required contribution.
  5. requiring that those elected to the board sign a Code of Ethics and comply with it. The Code of Ethics we have prepared sets the standard for how board members should conduct themselves both at board meetings and in the community at large and allows for removal from the board where there are continuing violations of the Code.