3.6.2 Qualifications for the Board of Directors

• Jurisdiction: Arizona

A.R.S. Sec. 10-3802 allows the articles of incorporation to prescribe the qualifications for a director. The provision states explicitly that a director of a nonprofit corporation need not be a resident of Arizona or a member of the corporation, unless the articles of incorporation or bylaws require membership. This is a common problem in community associations.

Many community association bylaws and articles of incorporation do not require that directors be members of the corporation, or, put another way...