both husband and wife on Hoa

Texas

1. Both a husband and wife are on our Hoa-might this be/not be giving them more chance to get items done to their personal ideals?
2. Husband is president. Is he allowed to vote?
3. If 'things' seem to be getting done by their building, should we insist that they are abusing Hoa to improve their property stop? Is this considered abuse of standing?
We have had so much of past Hoa doing projects that improve the looks of their buildings that we are wary of a member doing any work where they live.

I do not like that arrangement. When husbands and wives are on the same board and/or other commitees, they get twice the votes of the other board members and control decisions unfairly. The nominations that get mailed out next time should state only one member per household can run for any board or committee. Also make sure both their names on on the deed to the property since only "owners" can run for board positions.
good luck.

Glen's 2 & 3 are correct so far as I know. The only way to keep co-owners from serving on the Board simultaneously would be if your governing documents prevent it. Read yours, David. Lynne would seem to be incorrect.

I agree, though, that the co-owners both being on the board gives off a bad impression. Homeowners will suspect self dealing. They will think that couple is making decisions that benefit the couple, or benefit them the most.

More, what if it's a Board of only three? How many are on your board, David?

Tell us about your "buildings," David. Are several dwellings in each building? How many such buildings are there? Are there also detached homes in your HOA? Depending on the physical set up of your HOA, it is possible that the couple votes in such a way as to create a "conflict of interest." If there is a clear conflict of interest, the rest of the board should tell them to recuse themselves from voting (not vote on that topic).

But if this is a case of "building vs building" in the case of townhomes or something of the sort, there again is no material difference between a husband & wife serving on the board, or two friends in the same building serving on the board.

To get beyond that, the documents would need to be amended to prevent multiple board members per building.

Thanks everyone.
Yes both of them are on title.
There are 10 buildings, 4-8 units per building
Four Board members.

Question...
Looking at Robert's Rules, I am confused I do not have the physical book but online book I see "the pres has same voting/motion rights as other members". Then I see " in a business a pres does not have the right to vote except breaking a tie" Is this because a condo HOA is not a "business", but a "non-profit"?
Thank you

I also see that the vast majority of Hoa do not truly follow RR because they are so intricate. That an Hoa will SAY they use RR but really are very loose so should not say they are.
Comments??

While most HOA's are non-profit, they are still businesses. If you take the time to add up the value of the land, the buildings and any amenities, you'll find that the Board is responsible for more than your average for profit business.

I haven't read all the responses. But I know the state of FL prohibits a husband and wife serving on a Board at the same time. However, even in Fl there is an exception made if there are no one else is able and willing to serve as a Borad member.

Granted this is not the best arrangement, but it is the arrangement we have at this time. Neither our state laws nor our documents prohibit a husband and wife from serving at the same time.

Assuming "on our HOA" you mean "are on the board of your HOA."

You can only have 1 vote per unit owned. Its unclear if they own more than one unit. If they both own the same unit, only one can serve on the board, as only one of them can vote. If they own multiple units, then it presents a conflict of interest and needs to be disclosed. Then you need to check your documents, and FL corporate law to see if its legal for a husband and wife to serve on the board at the same time if they own multiple units.

"Roberts Rules" is a book as is "the art of war", not a binding legal document. Yeah, it helps you figure out things, but you're not required to follow it - unless specifically stated in your documents (which would be amazingly dumb).

Everyone who gets on an HOA board is there for a reason - theirs. You dont like where the board is doing work, get on the board and do work somewhere else.

JH,

I believe that you are confusing a members voting rights with that of Directors voting rights.
It is certainly clear that when members vote, they get 1 vote per lot (although some Condominiums actually use percentages). Members cast their votes at general membership meetings.

Directors get 1 vote each. Directors cast their votes at Board of Directors meetings.

Officers of an Association get no votes.

JH,

Granted, it is a common misunderstanding to think that the rules for voting of the members also apply to votes by Directors. I do hope that you simply misunderstood the postings vs. you truly believe that the "one vote per lot" language actually applies to Directors as well.

I say this because in a different thread you mentioned that your firm manages several Associations.

Many individuals who serve on Boards expect that the advice received from a management company or property manager is accurate and won't bother to verify if the advice truly is correct (I'm not one of those). Therefore, I become concerned when those who are considered professionals in the COA/HOA industry offer what I perceive to be incorrect advice.

As I said, I don't think it's wise for more than one individual from any family to serve on the Board (regardless how many properties they own). However, it's more typical than not for the Association governing documents to not have any qualifications for a Director that prevent this from happening. Heck, I'd go as far to say that most Assocaitions don't have any qualifications to serve as Director.

Once an individual purchases property within an Association, that individual becomes a member of the Association. As a member, this person is allowed to exercise all the powers and authority associated with membership in the Association and subject to any limitations on such power/authority (such as only one vote per lot regardless of how many members own the lot) outlined within the contract (the CC&Rs). Typically this is the right to use common areas and common amenities, and the right to cast one vote per lot owned on any issue brought before the membership for a vote.

If an individual meets any qualification requirements outlined in applicable laws or the governing documents, when that individual is elected or appointed as a Director they are allowed to exercise all the powers and authority associated with that position. Typically, this is simply the authority to cast a single vote on all matters brought before the Board. However, this power and authority is in addition to any power or authority they may have as a member of the Association.

If that same individual is appointed as an Officer of the Association, that individual is allowed to exercise all the powers and authority associated with that office. This would be in addition to any power and authority they may have from serving as a Director or simply being a member of the Association.

Tim

Jeez, sorry about my typos. JH3 doesn't claim--on the post Tim referred to--to be an actual property manager only to work for an MC. We don't know in what capacity.

Our Bylaws say:

The directors shall be Members or spouses of such Members; provided, however, no person and his or her spouse may serve on the Board at the same time.

No brainer for us.

Let me know when your elections are Tim. I feel like I might have a shot at a seat