Scrambling for Board members.

Haven't had a quorum in 20+ years to elect Board members. Don't expect this year to be any different. Not a single name on a ballot even if we meet quorum. Everyone is always appointed.

Can a husband and wife serve on our HOA board?

https://communityassociationmanagement.com/c49-legal-compliance/c57-ask-the-experts/can-husband-and-wife-serve-on-same-hoa-board/

Posted by a well-known local HOA attorney.

Our By-Laws are 45 years old and still refer to the Declarant. I am reading our By-Laws and saying no, they can’t. (Last sentence)

5.In the election of Directors, there shall be appurtenant to each Condominium Unit a total vote equal to the number of Directors to be elected multiplied by the Unit’s appurtenant undivided interest in the Common Area as set forth in Exhibit “c”, “D”, “E”, “F”, or “G” whichever is then in effect, of the Declaration; provided, however, that no member of Owner of one (1) Condominium Unit may cast a vote greater than the Unit’s appurtenant undivided interest in the Common Area for any one person nominated as a Director so that voting for Directors shall be noncumulative. Notwithstanding the fact that Developer may be entitled to select a majority of the members of the Board of Directors, it shall still be entitled to cast the vote for each Condominium Unit owned by it in the elections of other Directors; provided, however, that the other Directors elected are persons other than Officers, Directors, Stockholders and Employees of Developer, or wives and relatives of any said persons.

We can take this to our attorney, but before we do, interested in all of your comments. Thank you.

Inform the owners the alternate is much worse, Receivership.. They think their assessments are cheap now. " You ain't seen nothing yet"

To me, the above part of your Bylaws is saying that the Developer may not cast votes for certain directors. The developer is long gone. The sentence is not applicable.

So far I see nothing prohibiting a husband and wife from serving on the board of your condominium. This is not surprising, since the requirements for serving on a board are typically pretty minimal.

There may not be anything in the bylaws about spouses serving, so maybe look in state law? Based on comments here, I think some communities/states allow it and others don't. Personally I don't think it's a good idea, but you guys are up against a wall with people not volunteering.

As for receivership, our attorneys (who have a wealth of stories about this stuff) commented that many communities that end up in receivership don't stay there for long if the cause was apathetic owners - the increased assessments are eye-popping since receivers can earn more per hour than lawyers do. And receivers won't consult the homeowners about their opinions - they answer to the courts, not the homeowners, and generally have sole discretion on how money is to be spent. Receivership is a painful necessity for people who can't be bothered to volunteer.

(As an aside, I've mentioned in other threads that problems caused by landlords can often be solved by making their properties cash-flow negative, and receivership is a dandy way to do it.)