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GregM10 (Virginia)
Posts: 1
Posted:
I am looking to find the lgalities of having a husband and wife on the Board together. In our HOA we at one time had 2 homes with both the husband and wife on the Board at the same time. I would like to know if there is any lagal guidance for this in Virginia? I know there is only 1 vote from each Lot when it comes to the "Members" voting but it never states in the CC&R or Bylaws about this. Any guidance and/or documents reference would be most appreciated.

Thank you

Greg
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, VA Associations are incorporated as a non-profit. Expecting your Association to be typical, in addition to the applicable HOA/COA law, the VA Nonstock Corporation Act would also apply. Corporate laws typically address administrative issues.

Per that law there is nothing which would prevent two members from the same household from serving. Therefore, you would need to see if there are any limitations in your governing documents that would prevent this from occurring.

If there are no limitations preventing both from serving at the same time, it is likely legal. However, you should ask a local attorney versed in corporate law to be sure.

Being legal is not the same thing as being a good idea.

As you pointed out, when an issue is before the membership for a vote, it is typically 1 vote per lot. However, when an issue is before the Board, it is one vote per Director. Having two individuals from the same household serving on the Board can create a perception of unfairness. Therefore, Associations should avoid this whenever possible. Unfortunately, if there are not enough volunteers, it is sometimes not avoidable.

Hope this helps,

Tim
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Tim's correct. We had this situation in my community with two members of the same household serving as board members. They were attached to one lot, so they got one vote on the board. We'd probably let anyone step forward and serve, but the spouse chose to step down in favor of letting the other person have the vote. This was a feisty pair but this issue is one where they understood and agreed with our by-laws.

DaveD3 (Michigan)
Posts: 796
Posted:
There is apparently a natural assumption that both husband and wife share opinions on all matters?
If they're out of line, they remain a minority on the board, no?

Is a husband/wife pair any worse than having 3 drinking buddies/golf partners/good friends/etc... serving together?

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