Can sellers of condo's be on the HOA board of directors?

We have about 60 condo's in our community and 18 are unsold. Right now we have 5 spots on the board and only 2 are homeowners, myself included. Is it legal for the sellers to be on the board especially when they have over 50% of the votes? They have told us that they are on the board because they want to protect their investment until all of the units are sold. I feel extremely uncomfortable with the power that they have and feel like they are going to take advantage of us. I just don't know how to go about replacing one of them without uprooting the entire board of directors. Please help with any advice!

You have a legitimate concern but whether or not they can be on the board depends on the rules of the hoa. Go check the bylaws and see but since they are on the board I suspect the bylaws allow this. Still you could check. You also may want to try to get some other unit owners to run next time a board position opens up - be real nice if at least 3 of the 5 were actual owners (good luck getting any restictions on renting passed with things the way they are now).

If you read your CC&R's you will see that it is legal. When a hoa is set up the sellers want to maintain control until there is a majority of homeowners. That is the only way they can make sure the project standards are kept up until they sell all their units.

the answer is

AHHHHHHHHHHHHHHHH YES!

Read your homeowner's rules! For the most part they rule unless it is against state law. What happens to the seat if they do sell? New elections? That might get you where you want to be. Backup seats will be useful becasue you might want them to attend the meetings and see how things work sot hey can think about what's best for the community and what may happen is at the next election those fickle seller's willb e out even if they haven't sold their units because everyone will see their lack of caring for the community. Any good manager hopes for the best and plans for the worst! Emergency backup plans are there to protect the interests of all. Speak to the HOA attorney if you have a chance.