Spouses on committees of an HOA (FL)

Started by RobF3 • 5 replies • 933 views

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RobF3 (Florida)
Posts: 2

Posted:

We have a Board Member who enlisted their spouse to be a voting member of an architectural review group. This group makes decisions on changes owners want to make on their homes, whether it be landscaping, painting their house or installing solar panels. I feel this is a major conflict of interest and raised the concern, but was shot down by the same HOA Board member telling me their spouse is neutral. Most people in the neighborhood know that these two are hand in hand in everyone's business and whatever the one says, the other goes along with it. Some call it "whipped".
Do we have any recourse?

LoriM15 (Florida)
Posts: 1,009

Posted:

It's not prohibited by FL statute 720 - only says spouses can't be on a fining committee.

However, our bylaws prohibit spouses being on ARC. If your bylaws don't cover it and the spouse was legally appointed to the ARC I don't think there's much you can do unless the other board members decide to do something about it and kick the spouse off.

AugustinD
Posts: 3,698

Posted:

RobF3, FS 617.0832 at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617.html speaks to conflicts of interest. I do not think what you describe is a conflict of interest per the statute.

I think your only recourse is either to campaign to recall this director or to not re-elect him/her at the next annual election. Ensuring he/she loses re-election is easiest.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Rob,

Did you volunteer to serve on the committee?

Often, not always, but often, Boards assign spouses because they volunteered when others would not.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Why is a "review" committee making final decisions? A "review" committee should be reviewing all of the paperwork and then make a recommendation to the Board of Directors.

KerryL1 (California)
Posts: 14,550

Posted:

Our ARC makes final decisions except in unusual cases. Are you on the Board, Rob?

The spouse of a director can serve on a committee unless the governing docs or state laws say otherwise. there IS no conflict of interest UNLESS the director/spouse submit an ARC request. The spouse on the committee must recuse. If the matter is kicked up to the board, the board member spouse would also recuse.

(Can we please name genders in posts?? No one's going to guess your HOA if the president, say, is named as female or male. Makes responding sooooo much easier!)

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