Can Board Member Send Wife as a Replacement

Started by DebbiC • 9 replies • 1880 views

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DebbiC (Illinois)
Posts: 10

Posted:

I know this is a stupid question, and I believe I already know the answer, but I want to see it from "experts"

At our last home owners meeting (my first), our treasurer sent his wife in his place. Is this legal ? I could not find anything in the IL Condominium Property Act about it.

I believe the answer is pretty obvious, but I would like to see it just in case it happens again.

Thanks, deb

GlenL (Ohio)
Posts: 5,491

Posted:

Can she drop off the treasurer's report yes. Can she act in his place no. Most documents even if they allow proxies for general voting do not allow them for Board votes. If your docs are silent on this and assuming your HOA is incorporated, check the IL not for profit statutes. If she wants a say in Board matters, she should run and be elected, perhaps to replace her spouse who is too busy to attend.

Studies show that 5 out of 4 people have problems with fractions

BanksS
Posts: 403

Posted:

I am definitely no expert but I wouldn't make a big issue of it. One thing I have learned as a homeowner member is not to nitpick the board to death. Stick to the issues that are important. I suppose if she voted on something there could be an issue there but if she was providing the financials per the treasurer/husband directive then I wouldn't even bring it up. In my HOA the treasurer/secretary's wife is quite involved and helps out a lot. She doesn't vote as a board member though. In my eyes she is a volunteer helping out the community.

KerryL1 (California)
Posts: 14,550

Posted:

Our bylaws do not permit anyone to vote or sit at the table with directors at board meetings except for directors. As Glen says, if your won documents are silent, check IL corp codes.

I also think if your HOA goes along with Robert's Rules of Order, it says that only members of the "assembly," the board in this case may have a voice and vote.

Not a goofy question! You're new to all of this and seem to have a board who does a lot of things improperly.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DebbiC on 06/26/2015 6:29 PM
I know this is a stupid question, and I believe I already know the answer, but I want to see it from "experts"

At our last home owners meeting (my first), our treasurer sent his wife in his place. Is this legal ? I could not find anything in the IL Condominium Property Act about it.

I believe the answer is pretty obvious, but I would like to see it just in case it happens again.

Thanks, deb

He sent her as what? The Treasurer (and BOD Member) to report, answer questions, and vote as a BOD Member or as just an owner and do "owner stuff"?

She can do "owner stuff" but not BOD stuff as she was not elected to the BOD be she his wife or not.

BanksS
Posts: 403

Posted:

Quote:

Posted By BanksS on 06/26/2015 6:49 PM
I am definitely no expert but I wouldn't make a big issue of it. One thing I have learned as a homeowner member is not to nitpick the board to death. Stick to the issues that are important. I suppose if she voted on something there could be an issue there but if she was providing the financials per the treasurer/husband directive then I wouldn't even bring it up. In my HOA the treasurer/secretary's wife is quite involved and helps out a lot. She doesn't vote as a board member though. In my eyes she is a volunteer helping out the community.

I should add we are a very small HOA and the meetings are pretty informal. Roberts rules is followed somewhat. Sometimes the meetings get a little comical because the board looks at each other with puzzled looks about whether they are following procedure. Keep your eye on the big stuff like the money trail and fair and equal policies applied to all.

GenoS (Florida)
Posts: 4,276

Posted:

It's not a stupid question at all. Not much to add to the good advice already given by others.

DebbiC (Illinois)
Posts: 10

Posted:

Thanks to all and KerryL 1 -- If I mentioned Robert's Rules of Order, they probably wouldn't know what that is, after all they didn't know what the IL Condominium Act was.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

My understanding of Robert's Rules of order -- If a meeting has a small number of participants, the rules regarding motions to not have to be followed. That being said at our Board meetings we usually make a motion have it seconded and voted on. However there are times we just all agree.

For the most Board our Board members are in agreement. I am so very glad I have the Board members to work with me. The treasurer used to work in the accounting area of a business, the Vice President has his own business, The Secretary used to be building manager when we were self-managed and the member at large is very eager to help in any way she can.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By BonnieG1 on 06/27/2015 6:03 PM
For the most Board our Board members are in agreement. I am so very glad I have the Board members to work with me. The treasurer used to work in the accounting area of a business, the Vice President has his own business, The Secretary used to be building manager when we were self-managed and the member at large is very eager to help in any way she can.

It is good to be on a board where people are competent, isn't it? Our board consists of two engineers, a school administrator (and former teacher), a CAM (and former police officer), a housewife, a construction worker and a CPA. All are retired for the most part. When we moved in here we didn't know a soul and we thank our lucky stars every day that the board doesn't have any power-tripping egomaniacs on it. Everyone is quietly competent in their own way and brings something to the table.

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