WilliamB13 (Florida)
Posts: 14
Posts: 14
Posted:
If Husband is president of HOA can his wife also be on the board as secretary, VP or treasurer. We do not have sufficient members on the board for a quorum.
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Husband and Wife
Started by WilliamB13 • 6 replies • 1944 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Technically I would say no. There is only 1 vote per lot. Whoever is on the deed qualifies. However, it's not uncommon practice for some couples to switch running on a board position between them. I had a couple who did that each year. That way they both had a say in how the BOD ran.
I think the wife could do some committee type work instead of holding an actual BOD position. She's still in the general membership for the most part. It really depends on how your HOA chooses to operate. They aren't all formerly operated. Some just have enough people to get the job done while others operate at much larger scale.
Do what feels right but know there could be consequences. It really depends on how the other members feel about the situation as well. Take a que from them to help decide if this is wrong or not to your HOA.
I think the wife could do some committee type work instead of holding an actual BOD position. She's still in the general membership for the most part. It really depends on how your HOA chooses to operate. They aren't all formerly operated. Some just have enough people to get the job done while others operate at much larger scale.
Do what feels right but know there could be consequences. It really depends on how the other members feel about the situation as well. Take a que from them to help decide if this is wrong or not to your HOA.
Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
I think it all depends on what the documents say. For example, our documents specifically state that at association meetings (of the members) there is only one vote per unit. However, our documents are silent on the issue of whether or not two occupants of the same unit (ie., husband and wife) can be board members. Since there is nothing to prevent this, then in theory it would be possible for two people in the same unit to be on the board and thus one unit would have two votes at board meetings but only one vote at full association meetings.
Personally, I don't think this is a good idea. I believe it was an oversight when the bylaws were originally drafted (back when the association was under declarant control and it didn't matter) and suggested the requirements be changed. Problem is, the board can't establish the requirements for its own members, so it would take a vote of the entire membership to change the declaration to make that happen; a harder task given a typical degree of apathy among homeowners.
Personally, I don't think this is a good idea. I believe it was an oversight when the bylaws were originally drafted (back when the association was under declarant control and it didn't matter) and suggested the requirements be changed. Problem is, the board can't establish the requirements for its own members, so it would take a vote of the entire membership to change the declaration to make that happen; a harder task given a typical degree of apathy among homeowners.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
While I agree that it is generally not a good idea, if you do not have enough volunteers, then in the words of the Duke: "You gotta do what you gotta do." As to the one vote per lot that refers to the things lot owners vote on, elections, amending the documents etc. not the things Board members vote on, hiring contractors, filing liens, maintenance items, etc. Unless your CC&R's or State law prohibit it, it can be done.
Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
William,
As others have said, it will depend on your governing documents and what they say about any qualifications or limitations your have for a Director.
In a general membership meeting, it is one vote per lot. In a Board meeting, it is one vote per Director. If there are no limitations in your governing documents, then it's possible that one family could have several individuals elected and/or appointed to the Board. This of course could give the perception of one family controlling the board. Even though it might be legal, it would be a bad perception for the membership to have.
I've got a similar issue with my Association where nobody wanted to do the job of Secretary. Since our Board appoints the officers and our governing documents only requires that the President be a member of the board, the board agreed to appoint my wife to the office of Secretary. Mind you, she is not a member of the Board. As with all officers, the position of Secretary is a non-voting position. This is because only Directors may cast a vote in a board meeting.
We announced this fact to the membership and have had no issues associated with it. I suspect that this is because we specifically said that she was not a member of the board.
Hope this helps,
Tim
As others have said, it will depend on your governing documents and what they say about any qualifications or limitations your have for a Director.
In a general membership meeting, it is one vote per lot. In a Board meeting, it is one vote per Director. If there are no limitations in your governing documents, then it's possible that one family could have several individuals elected and/or appointed to the Board. This of course could give the perception of one family controlling the board. Even though it might be legal, it would be a bad perception for the membership to have.
I've got a similar issue with my Association where nobody wanted to do the job of Secretary. Since our Board appoints the officers and our governing documents only requires that the President be a member of the board, the board agreed to appoint my wife to the office of Secretary. Mind you, she is not a member of the Board. As with all officers, the position of Secretary is a non-voting position. This is because only Directors may cast a vote in a board meeting.
We announced this fact to the membership and have had no issues associated with it. I suspect that this is because we specifically said that she was not a member of the board.
Hope this helps,
Tim
EW4 (West Virginia)
Posts: 95
Posts: 95
Posted:
This issue came up in my community. My Father-in-Law is on the board. And when I ran some of the sitting board members to exception. In their mind it was OK for me to handle communications, website,... but not be a board member as long as my Father-in-law as on the board. The community overall had no issue.
Basically, it boiled to down to what the by-laws allowed. I met all of the requirements of an individual homeowner to run for the board.
I can however, see the issue with husband and wife and especially in the President and vice-President positions. If your by-laws allow it then "OK" but I think it is something your community should change. Our by-laws do not allow it. I hope in your case the President and VP are strictly professional when in the meetings.
I will say our challenge is not too many "family" members on the board but rather too many members are very very close friends and they don't leave it at the door.
Basically, it boiled to down to what the by-laws allowed. I met all of the requirements of an individual homeowner to run for the board.
I can however, see the issue with husband and wife and especially in the President and vice-President positions. If your by-laws allow it then "OK" but I think it is something your community should change. Our by-laws do not allow it. I hope in your case the President and VP are strictly professional when in the meetings.
I will say our challenge is not too many "family" members on the board but rather too many members are very very close friends and they don't leave it at the door.
JohnM48 (Pennsylvania)
Posts: 89
Posts: 89
Posted:
For years, our board had a husband and wife as members. Apparently as questions arose, the wife stepped down but was hired as the property manager - I can't imagine why the membership saw that as a solution as it was anything but. Of course, they stacked the board with their cronies and the corruption ensued. It wasn't long till our community was their little "fife-dom". The CCRs and even state laws were blatantly violated to the benefit of the "inner circle" even to the point of vote tampering to ensure the continuity of their board.
We will be years recovering financially and rebuilding the board's reputation among the membership.
IMO it's a disaster not waiting to happen, but already happening.
We will be years recovering financially and rebuilding the board's reputation among the membership.
IMO it's a disaster not waiting to happen, but already happening.
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