This lack of exclusivity and presence of additional non-(c) qualifications presents an open question as to whether associations may impose additional, non-enumerated qualifications on director candidates, such as residency or diversity, e.g., two directors from the commercial units and three from the residences.
In a related vein, SB 323 is silent as to the continued enforceability of director term limits, which are a common and helpful tool in larger communities in regards to ensuring political diversity.
If SB 323 is interpreted as barring additional director qualifications, this could be a particularly heavy blow for mixed-use associations. Mixed-use communities often rely on complex director qualifications in order to ensure political parity between the typically-majority residential owners and typically-minority business owners, e..g., that a certain number of directors must be elected from the business units. If such provisions are now void, mixed-use business owners and tenants could find their ability to conduct for-profit operations impaired by pro-resident board actions. This would disrupt the careful balance of power provisions of this nature are intended to ensure, and hence the functionality of mixed-use developments per se.