A resident management corporation must consist of residents residing in public housing and have each of the following characteristics in order to receive official recognition by the HA and HUD:
- (a) It shall be a non-profit organization that is validly incorporated under the laws of the State in which it is located;
(b) It may be established by more than one resident council, so long as each such council:
- (1) Approves the establishment of the corporation; and
- (2) Has representation on the Board of Directors of the corporation;
- (c) It shall have an elected Board of Directors, and elections must be held at least once every three (3) years;
- (d) Its by-laws shall require the Board of Directors to include resident representatives of each resident council involved in establishing the corporation; include qualifications to run for office, frequency of elections, procedures for recall, and term limits if desired.
- (e) Its voting members shall be heads of households (any age) and other residents at least 18 years of age and whose name appears on the lease of a unit in the public housing represented by the resident management corporation;
- (f) Where a resident council already exists for the development, or a portion of the development, the resident management corporation shall be approved by the resident council board and a majority of the residents. If there is no resident council, a majority of the residents of the public housing development it will represent must approve the establishment of such a corporation for the purposes of managing the project; and
- (g) It may serve as both the resident management corporation and the resident council, so long as the corporation meets the requirements of this part for a resident council.