How much power is too much for one Board member?

As you know I am the President of my homeowners association and the one on the Board that does the most work. We make decisions at monthly Board meetings as a group, and based on that direction I go off an execute the decisions that we made as a group. I tend not to participate in the discussions and let the other Board members hash things out, but work hard between meetings to execute the decisions in the best manner possible. In other words, I am sort of like the on-site volunteer property manager in addition to being Board President. This works well.

My wife takes interest in Board stuff, but can't be on the Board since she is my wife. She has volunteered to be part of the architectural change committee. This committee is comprised of 3-5 members of the community and they make their decisions (which are actually recommendations) as a group and then the Board discusses the recommendations and approves them at meetings.

Some have accused my family of holding too much power since I am President and she is lead of the ACC committee.

Now, we are looking at forming a compliance committee to handle all compliance issues that can be handled by a compliance committee. (i.e., they could double check the compliance site visits in case a homeowner claims they were sent a compliance letter in error). My wife may be interested in leading this committee.

We don't have a lot (i.e., we don't seem to have any) community volunteers that want to volunteer their time. Even the Board is reluctant to volunteer time beyond attending meetings. My wife is interested.

We have been told that it's our job to go knock on doors and drum up volunteers in the community, and that they exist if we just go find them. I don't have time for that.

Is there such a thing as too much power in one family with regards to a Homeowners Association? As long as we have multiple people on committees, make decisions at meetings and as a group, I would like to think that we are safe.

I like that answer. That's my opinion.

We had to send out a call for volunteer board members multiple times (i.e., pull teeth) just to have a full board. Door is wide open for volunteers but I am not going to drum them up.

Henry

Just last night an owner was complaining about a few things to me. I invited him to run for the BOD. He said no. I said end of conversation.

In that case, keep going, although I still say you need to put the onus back on these people who are sitting around doing nothing but nitpicking about this or that, like getting volunteers. It does take time to turn a community around, but you're heading in the right direction if you've got your committees. Maybe a light needs to be lit under your board colleagues...

I just remembered this: Texas law recently changed so that a married couple on the Board and ACC could be problematic:

c) A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1) a current board member;
(2) a current board member's spouse; or
(3) a person residing in a current board member's household.

Of course, you don’t live in Texas, Henry. I don’t know if AZ law touches on this at all. I’ve been married for long enough that I seriously question whether or not a married couple where one person is on the Board and the other person is on the ACC truly constitutes a toxic concentration of power. But I guess the notion makes some people nervous.

BillD

Below is a more complete quote:

Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY. (a) In this section, "architectural review authority" means the governing authority for the review and approval of improvements within a subdivision.
(b) This section:
(1) applies only to a property owners' association that consists of more than 40 lots; and
(2) does not apply during a development period or during any period in which the declarant:
(A) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B) has the right to veto or modify a decision of the architectural review authority.
(c) A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1) a current board member;
(2) a current board member's spouse; or
(3) a person residing in a current board member's household.
(d) A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:
(1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e) The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.
(f) During a hearing, the board or the designated representative of the property owners' association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g) The board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
(h) The property owners' association or the owner may make an audio recording of the meeting.
(i) The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 11, eff. September 1, 2021.

It is not necessarily a "power" thing. It's the "Perception" of power. That is what your really going to be dealing with. Honestly, if your HOA is all cool and doing what it needs to do, then I would not shake the boat. It may not be how others run their HOA or even should. If it works for your HOA then it works for your HOA. Don't put standards on yourselves when they are not needed. No one else wants to volunteer to do the job so those who do will ultimately "hold the power".

Now we also know that the "Wife" is ultimate boss in the home. The issue will be how much "boss" will she be out of it? I dealt with a married couple on HOA. Both very involved. They would switch out who was on the board each year. I'd have to remind myself which one was the board member that year. No one had any issues with them being involved. They just like that someone was involved in the HOA.

Don't over think it and apply "power" to it. Watch your party lines and if feel like crossing it, then pull back.

This, and JohnC46's response are the only ones needed here.

I'd say nationwide it is not uncommon at all for a wife to be President while the husband chairs the Arch Committee (or vice versa). I have seen it myself. No one complained about the wife-husband duo except one un-versed dude. He was not willing to serve on the Board or the Arch committee.

The only advice I have would be that if your wife is on a committee that made a determination about something and that determination is challenged to the board, you should recuse yourself so there is no appearance of unfairness in the challenge.

How many owners are on your ARC, Henry? How many are on your Compliance Committee?

How did you try to recruit members for these committees?

Your other directors don't post here, so I only am able to ask you. I do not think any board members need to go door-to-door to seek committee members. And I really get that not everything in your HOA interests you personally. I was the same way for the many years I served, until, recently on our board. There are too many possibilities.

How did any owners know there were committees to join?

But someone put committee formation on your board's agenda and your Board voted to establish the committees. And your board vote to accept committee members. Right? Or not?

How many members are on the ARC & on the Compliance Committee? This relates completely to your subject line.

Negative Nelly here again. Sorry. HenryS7 certainly has every right to feel “offended” by the owners’ perception of he having too much power. But, I question other board members’ responsibility in this perception since they only make themselves available for the meetings, and that’s it, while HenryS7 is full on with every responsibility of: appeasing uninvolved board members, fending off perception of too much power, waiting for other board members to delegate more work load to him by “agreeing” to agenda issues in meetings for him to then implement, but other board members offering no other help whatsoever, even after he delegated to them. It’s much easier to blame the doer whereas the blame lies on the non doers for not keeping up with what they signed up for. Every Board member knows that being on the board requires work. Not everyone can be there all the time, that is why there are 5-7 people. But still, most responsibility mostly falls on 1-2 people on the Board, while others just there for the ride. Again, not generalizing this, but, it’s very prevalent.

I had four others on the Board with me and no amount of requests, delegations, communications worked. But each was very active in schmoozing with owners, to a point of smearing me to owners as controlling and not involving the board members, had a couple of owners inform me about that, which made me question the board members’ intent with me when I was just trying to keep the association together while no one would help me. It’s easier to say oh it’s your fault because you do it all so you enable these non doers. But, think about it differently, the doer is fulfilling his/her fiduciary responsibility to the best of his/her ability while staying within the process of “working with other non doer board members.” At some point you need to finish the work requiring group discussion, but without that group, because the doer also has life outside of board work, which other board members fail to acknowledge .

Keep the non doers in the loop, give them opportunity to engage and help, but, if they repeatedly let you down, then not your fault. And if you have board members like mine, watch out.

I would not be concerned with your family having too much power. As you alluded to, many times you have to take volunteers from where you find them and being board president or a member of the ACC does not normally carry any real power.

You may have a potential conflict, though. Does your board hear appeals on ACC issues? If so, you should recuse yourself from any appeals decisions while your wife is on the ACC. You may also want to check your state law. In Texas, a spouse of a board member cannot serve on the ACC.