(1) A director shall be: (a) a natural person; and (b) 18 years old or older.
(2) An association's bylaws may prescribe other qualifications for directors in addition to the requirements described in Subsection (1).
(3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the board's internal procedures, disqualify an individual from serving as a director because the individual: (a) has been convicted of a felony; or (b) is a sex offender.
(4) A director need not be a resident of this state or a unit owner in the association unless required by the association's bylaws.
(5) Except as limited in a declaration, the association bylaws, or other provisions of this chapter, a board acts in all instances on behalf of the association.
Enacted 2013, ch. 152, eff. July 1, 2014. Amended: 2023, ch. 503, eff. May 3, 2023.
See also, Utah Code Section 16-6a-801 stating, "Except as may otherwise be provided in this chapter, including Subsection (2)(b), all corporate powers shall be exercised by or under the authority of, and the business and affairs of the nonprofit corporation managed under the direction of, the board of directors."
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