Husband & Wife both wanting to be HOA Board of Directors

Our CC&R's state each lot receives one vote. Currently, we have 5 directors,now a wife and husband each want to be on the HOA Board of Directors, ex: one as President the other as Secretary. Is this possible since each lot gets one vote. We have in the past had a BOD as a President and his spouse was on an a Committee.

Agreed, not illegal in Fla. unless Assn. docs. forbid.

It's up to the voters to allow or reject.

Hoa Than

Actually Sue from the number of posts on this subject, I would say just the opposite. I think this is one thing Declarants deliberately stay away from, especially since most Declarant Boards are made up of their relatives.

Our first elected seven member Board had a husband and wife, the husbands term was for 1 year and is now off. One thing we found problematic was when they went out of town it was an automatic loss of two members for Board quorum, not a huge problem but it could have been given another year with both seated. The Board intends to disallow this in the future if they are able.

Although some of the items are specific to California, one of the best explanations of the differences and duties of a Homeowner's (one vote per lot) vs. Board Member's votes I've seen is on the Adams-Kessler website (davis-stirling.com). To see the whole article go to: http://www.davis-stirling.com/MainMenu/MainIndex/Ownerrights/tabid/619/Default.aspx

Membership Authority. The rights/powers reserved to owners in good standing are described in the governing documents and are generally limited to the following powers:

* to elect a board of directors
* to remove directors from the board,
* to call special meetings of the membership,
* to amend the CC&Rs and bylaws,
* to approve regular assessments over 20% and special assessments over 5%,
* to attend open meetings of the board,
* to access their property (ingress-egress),
* to use the common areas,
* to inspect the association's records, and
* to petition the board.

No Veto Power. Because of the division of power between the membership and the board, members do not have a direct veto over the board's actions (except for rule changes). Rather, the power to veto is indirect. If members are unhappy with board actions (or inaction), the membership can remove the board or wait until the annual meeting and elect a new board.

Board Authority. By law, corporations must have boards of directors who are fiduciaries. Boards and individual directors have limited authority. The powers delegated to boards generally include the following:

* manage the association,
* adopt and enforce rules and regulations,
* enforce the CC&Rs and bylaws,
* contract for services,
* levy and collect regular, special, and emergency assessments,
* pay expenses incurred by the association,
* prepare and adopt budgets,
* repair and maintain the common areas,
* insure the association,
* disburse reserve monies,
* invest funds,
* call membership meetings and appoint inspectors of election,
* appoint and remove officers,
* appoint directors to fill vacancies,
* appoint committees,
* initiate and defend against lawsuits,
* establish architectural standards (either directly or through an architectural committee).