legal ownership

Typically, but not necessarily required by any law, both members of a household are afforded some common status as "owners" in common HOA business, regardless of who is on the title. Typically, they are both allowed to attend meetings, voice concerns, make comments, etc.. Typically, they would both be eligible to run for election, although it's usual to only allow one at a time to run/serve. And typically, the 'home' gets one ballot, and the HOA really doesn't care who marks on it with the pencil, as long as someone does, and it gets turned in.

However... YMMV, depending on the exact wording of an regulations, as well as how picky the board is to exact rules, AND, how much of a 'troublemaker' the household in question is perceived as being.

It basically comes down to 1 vote 1 property. Married couples are often combined as 1 entity for various legal issues. Not to get confused with Taxes were a married couple can claim single/separate returns. The HOA does usually look at the legal name on the ownership papers as the true source of the owner's ID. However, since you can buy property Married or Single it can make the lines a bit blury.

Here's my simple solution to this issue and EACH HOA since it's run by it's members can pseu adopt how they want to handle this issue. I viewed that EACH property had 1 vote regardless of how many people lived/owned the home. That's it. However, if a wife wanted to run for the board then the husband couldn't that year. Vice -Versa. I had a married couple that would do that each year. It didn't double their voting ability as it was still 1 vote but just like me their household would have 1 board vote involved.

Now, this can cause quite the household strife. However, each household having one vote just meant that household had to agree how to use it. How they got to that decision wasn't HOA's business...LOL...

Hi Fred:

Potentially under the law your wife is the legal member of the association. If you go to the State Statutes and look up definitions such as noted below in Ohio for a Planned Community (Condo would have similar definitions):

(K) “Owner” means a person who owns a lot in a planned community. “Owner” does not include any person that has an interest in a lot solely as security for an obligation.

(L) “Owners association” means an organization that is comprised of owners of lots in a planned community and that is responsible for the administrative governance, maintenance, and upkeep of the planned community.

It is the individual(s) who have legal ownership per the Warranty Deed / Title who are members of the association. If more than one individual then they must both or all agree on how to cast their vote for the property.

As Tim noted your wife can do a proxy and give you her rights regarding her membership.

Here is a link for your state statutes if needed:
http://codes.ohio.gov/orc/53

If it is not noted in your CCR’s as you originally posted, then I would follow the State Statutes. The definitions section comes in pretty handy.

Thanks janet. I will check but don't recall seeing it in the past.

Brad,
That is what I thought. I can't find anything different in the sources I have checked.Thanks