President & Treasurer / Husband & Wife

I have noticed that on some posts people say that it's okay for a husband and wife to both be on the board together. But is it legal for the husband to be President (who must co-sign all checks and make decisions on behalf of the board including financial decisions) and the wife to be Treasurer (who must sign all checks and handle the HOA funds). This would give this couple complete control of our HOA funds, with no one supervising where the funds are going unless requested. To me, this is an embezzlement case waiting to happen and a conflict of interest. Our By-Laws state that the Treasurer and President both must sign all checks, that means that if they are husband and wife then all funds associated with our HOA is all in ONE household’s hands.

Also the wife was not a current board member and was not voted by our members to be a board member, we had someone step down as Treasurer and she was automatically given the position without a vote by the members or voted in as a board member. Can the board of Directors do this? I know the members that know about this are not happy that she was just put in without a membership vote and now all the powers are given to her and her husband. For what my understanding is and what I read in our bylaws is that the board members are voted in by the members and the officers are voted in by the board of directors. But aren't the Officers board members?

Thanks in advance for any input and suggestions.

If your documents permit it, usually your bylaws, the Board is permitted to appoint someone to fill a Board vacancy if one occurs. So the Board very likely could have legally appointed the wife by a vote to do so. Then the Board should've voted again to appoint that wife as treasurer. In CA, both of these votes must be done in an open meeting.

The other directors are responsible to review "the books" too.

If you & other HOA members worry about this situation, you can vote them out at the next election. Or if many feel you don't want to wait that long, you can start a campaign one r more board members. But you need to learn your governing documents first.

Thanks so much for your help. What do you mean by starting a campaign?

Thanks so much for the advice and clarification. It's not that I don't think that two people from the same household should be on the board, it's more about the two positions that the couple would be holding.Thanks again.

I have mixed emotions on spouses serving together on a BOD. Overall I do not like the idea, but I could go along with it if only one can fill an officer position.

That's pretty much the problem we are having also.

How many other members are on the board? If it was only a 3 member board, I might be concerned. With 5+ members, I presume the others are able to review all finances and keep the married members in check. I don't know that I'd be concerned about a husband and wife any more than I would over close friends serving together.