BarbaraO (Nevada)
Posts: 1
Posts: 1
Posted:
WOuld some one please tell me if a husband and wife can serve and vote,on the same Nevada HOA Board ? Would their votes on issues be legal ,or must one refrain from voting ? Thanks .BArbara O
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Husband and wife on same Board
Started by BarbaraO • 9 replies • 3427 views
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BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Barbara:
This has been talked about before and would depend on your documents. I am of the belief that yes you can, others disagree.
This has been talked about before and would depend on your documents. I am of the belief that yes you can, others disagree.
HaroldS1 (Arizona)
Posts: 314
Posts: 314
Posted:
Unless your documents expressly forbid it, then it is o.k. As far as voting: They are wearing two different hats. As elected board members each would have a vote on matters that come before the board. However, when voting as members, they would have only one vote per property owned. Harold
LindaC3 (Florida)
Posts: 526
Posts: 526
Posted:
BabrbarO--- You may want to check your HOA Documents to see if before you may serve on BOD that you are an owner. As I am researching our different documents I discovered an error where only Owners are allowed to be Board Members and we had a situation where a spouse was not an owner and was indeed a BOD Member.... I am confident that this will never occur here again as I did bring it to the BOd attention....Just a thought....Who said living in an HOA wasn't a challenge on a daily basis ?? LindaC
Jadedone4 (Virginia)
Posts: 495
Posts: 495
Posted:
This a neophyte response, but I do agree that you would need to check your governing documents. However, if it states that board members must be owners, I do not see how a husband/wife, who jointly own ONE unit can sit on a board together. It may be "fuzzy math" but this is how I view individual membership/ownership.
Community of 100 homes = 1/100 "share" by each owner.
If husband and wife own only one unit then their combined voted 1/100th
If you allow both to serve on board, they you affording one spouse, another owners 1/100%
Working from the above assumption/paradigm, if a unit is owned by in five equal parts, by members of a family, mother, father, childern #1, #2, #3 - and the board composition is five members. Then what is to say that the controlling interest of the whole (99/100) is controlled by the minority (1/100). I am sure that some would make the argument that even a "norm" board is a minority, representing the whole (majority), however, in that case there is equality through the parts, and not fraction of one to supercede the rest.
Community of 100 homes = 1/100 "share" by each owner.
If husband and wife own only one unit then their combined voted 1/100th
If you allow both to serve on board, they you affording one spouse, another owners 1/100%
Working from the above assumption/paradigm, if a unit is owned by in five equal parts, by members of a family, mother, father, childern #1, #2, #3 - and the board composition is five members. Then what is to say that the controlling interest of the whole (99/100) is controlled by the minority (1/100). I am sure that some would make the argument that even a "norm" board is a minority, representing the whole (majority), however, in that case there is equality through the parts, and not fraction of one to supercede the rest.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
I think Harold is right. There are owners (each unit holds an apportioned vote
of the whole). I am not sure if memberss vote can be counted to form a quarom, but, our documents say 51% of the apportioned vote, so I would say "no". Board votes are board votes, each elected member 1 vote. Done deal, go on to nest matter, etc, etc. Any votes to change or amend CC&R"s must be apportioned votes that constitute the whole. Members can voice their thoughts at Board Meetings, or should be able to, and cast an opinion (vote) at any meeting is it is called for from the Board. Rules of conduct would be one, setting standards for, say, signs, might be another, anything that doesn't change in any way the CC&R's. I believe the current practice is that the Board has complete authority to change, amend, etc., the Rules of conduct with or without opinion (vote) of members. They also have authority to appoint a committee to address the composition of the by-law and make recommendation to the Board.
of the whole). I am not sure if memberss vote can be counted to form a quarom, but, our documents say 51% of the apportioned vote, so I would say "no". Board votes are board votes, each elected member 1 vote. Done deal, go on to nest matter, etc, etc. Any votes to change or amend CC&R"s must be apportioned votes that constitute the whole. Members can voice their thoughts at Board Meetings, or should be able to, and cast an opinion (vote) at any meeting is it is called for from the Board. Rules of conduct would be one, setting standards for, say, signs, might be another, anything that doesn't change in any way the CC&R's. I believe the current practice is that the Board has complete authority to change, amend, etc., the Rules of conduct with or without opinion (vote) of members. They also have authority to appoint a committee to address the composition of the by-law and make recommendation to the Board.
HaroldS1 (Arizona)
Posts: 314
Posts: 314
Posted:
Jade - you are absolutely correct - one vote per property whether there are 1 or 500 owners. HOWEVER, the board of directors is a separate animal. Each board member is elected (or appointed) to the board, and each one in entitled to a vote on matters that come before the board. In your example, if five people own one property, and all five are elected to the board, each one would have a vote on the board, but only one vote when owners can vote (such as to change the CC&Rs.) Again, you are correct: that would give those five people from one home inordinate power over the other 99 owners. But who elected them?
These husband and wife combos on boards can indeed occur from power seekers, but more often than not, it is because no one else wants to run and this couple is willing and capable. You have to remember: MEMBERS HAVE POWER. If in your example, the other 99 owners allowed the five member family to be elected to the board, then they will have to live with what they have chosen. Harold
These husband and wife combos on boards can indeed occur from power seekers, but more often than not, it is because no one else wants to run and this couple is willing and capable. You have to remember: MEMBERS HAVE POWER. If in your example, the other 99 owners allowed the five member family to be elected to the board, then they will have to live with what they have chosen. Harold
Jadedone4 (Virginia)
Posts: 495
Posts: 495
Posted:
Harold, point taken, understood, and accepted (now trying to find six relatives without same last name to seat on my board).....
I regret that I but only one life to give for my HOA.......
This thread reminds of a quote "not all bosses are leaders, and not all leaders are bosses" When membership elects folks to the board, they do so of free will and discipline. It is a right that each member holds, and their right alone to make, as they see fit. Once the voice of the membership is heard, then it is accepted. From there the board (no matter who has been seated), works from and with the trust that membership has afforded them. I am at fault for not viewing/interpeting this small part, as relative to the whole. We have "sunshine laws" "open meeting acts" etc - which validate and support honest interaction in our community's - and this is all created to foster fair, balanced and informed communications. One part, playing it own important role in the mechanics of the whole.
I regret that I but only one life to give for my HOA.......
This thread reminds of a quote "not all bosses are leaders, and not all leaders are bosses" When membership elects folks to the board, they do so of free will and discipline. It is a right that each member holds, and their right alone to make, as they see fit. Once the voice of the membership is heard, then it is accepted. From there the board (no matter who has been seated), works from and with the trust that membership has afforded them. I am at fault for not viewing/interpeting this small part, as relative to the whole. We have "sunshine laws" "open meeting acts" etc - which validate and support honest interaction in our community's - and this is all created to foster fair, balanced and informed communications. One part, playing it own important role in the mechanics of the whole.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Jadedone,
Let me know where you live. If your Hoa works that way I want to be there. I wouldn't care if all the Board members have the same husband, as long as they can produce this utopian style of living. Where I live we have all kinds of folk, some care, some don't, some vote, some don't, some will enforce rules, some won't, if fact if you find someone that "can or will anything", you will find someone that don't. Chances are we probably have a crook or two, a pedophile, a wife beater, who knows? One thing for sure if there are more than one, and only have two, you have controversy. Tis not an easy task to jell this mishmash and from my observations if you can get 60% agreement about anything you have made a hell of a presentation.
Everyone have a nice spring day.
Let me know where you live. If your Hoa works that way I want to be there. I wouldn't care if all the Board members have the same husband, as long as they can produce this utopian style of living. Where I live we have all kinds of folk, some care, some don't, some vote, some don't, some will enforce rules, some won't, if fact if you find someone that "can or will anything", you will find someone that don't. Chances are we probably have a crook or two, a pedophile, a wife beater, who knows? One thing for sure if there are more than one, and only have two, you have controversy. Tis not an easy task to jell this mishmash and from my observations if you can get 60% agreement about anything you have made a hell of a presentation.
Everyone have a nice spring day.
JM2 (Oregon)
Posts: 439
Posts: 439
Posted:
Hi Barbara:
A husband & wife on the board could present a problem with open meeting laws, if there are only three members on the board, as any "pillow talk" about the association would constitute a board meeting if there are only three members...because you'd have a quorum of the board present.
It's a crazy thought, but hey, I believe that it's best not to have a couple on the board, even if you're a larger board, because you've got two people who are likely to "pre-agree" on much of the board business. I have seen one situation where that happened before on a board (5 members) and it wasn't always good.
JPM
A husband & wife on the board could present a problem with open meeting laws, if there are only three members on the board, as any "pillow talk" about the association would constitute a board meeting if there are only three members...because you'd have a quorum of the board present.
It's a crazy thought, but hey, I believe that it's best not to have a couple on the board, even if you're a larger board, because you've got two people who are likely to "pre-agree" on much of the board business. I have seen one situation where that happened before on a board (5 members) and it wasn't always good.
JPM
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