Pres/sec a husband wife team

I resigned as president of our POA because of questionable practices by the board to have a board. It was through this site I gained a prespective of how things were done. The board in my opinion never took these issues to the members, instead they had meetings in the road to elect who did what. As I understand it our Board has 6 members out of 55 lots each having 1 vote. I resigned when Board members wanted to elect spouses to the Board as this would as I Believe would have violated the 1 vote 1 lot that is written all through our by-laws and restrictions. They had a meeting earlier this month and elected the sec. husband as president the minutes does not state if this was done by the members present or by the Board members present. I explained in my resignation letter about Fidicuary duties that have for more than a decade have been avoided neglected,what do I do now as a homeowner with concerns of our future.

Bruce - what is the definition of a "member" in your organization?

Your bylaws or other documents should tell you WHEN and HOW elections are conducted, WHO elects the Board, and WHO is eligible to serve and for HOW LONG.

SusanW1,
Member defined as anyone owning a lot. The board is elected by the members at the annuaul meeting for 1yr terms not more than 2 consecutivly. The board then elects the officers.And all of this is based on 1 vote per lot and and being in good standings as far as dues.

Since Glen has already pointed out the voting distinction between a member vs BOD member...I'd like to ask, what exactly did you object to?

The Secretary sleeping with the President?

The bylaws or other legal documents would have to prohibit marital or blood relatives from sitting on the Board. Otherwise, there are no parliamentary rules that prohibit related people from sitting on the same board or committee.

DJ1
I guess as an american I accepted the notion of 1 vote 1 person being of course your in good standing and not a felon. If as I have been asked on this site time and time again, what do your controlling documents say then I have already answerd your question. I see no exception for the Board in these writings 1 lot 1 vote. It may be the USA but that why I love it!!

Bruce, Susan say there is no parlimentary restrictions about having related people one the board.

I agree with you and Susan. Under certains conditions the whole family can serve on a Board of Directors of a corporation and the corporation laws allow. But that is not the issue here, It is not parlimentary procedures of a corporation it the Parlimentary procedures of a Non-profit HOA. The procedures then become what the documents require.

It is more than one vote, one lot, it is one registered owner of a lot that have been elected by the other owners to hold the vote. If two people (related or not) there is only 1 vote for that unit. Which means one owner will be on the board that has no authority to conduct the Board's business. This second person will not have a vote in an election, they are not in good standing, they will not be able to vote on the Boards business because they hold no authority to conduct the Boards business, they have no vote.

You have to be in good standing and hold 1 vote, the second person from the same unit is not in good standing. The reason you are not in good standing is you violate the associations CC&R's.

It is as simple as this. Can a husband and wife, or two related people, or any two ownwes of a Unit vote in an election? No.

There MAY be a difference in the determination of the VOTING count and the eligibility of residents to serve on the Board. The Bylaws should talk about who is eligible to be on the Board AND how the vote count is determined.

Two different things.

Susan,
I agree there is a difference between a Board vote and a ballot vote.

I just can't see how any document would allow any owner not holding a vote to do board business, serve on the Board. Our docs don't distinquish between Board vote and council vote. They say every unit shall have one person assigned to hold the vote. They say every board member must be in good standing. I say good standing is to hold the vote to do association business which is the business done by the Board, by vote of those holding the vote. You cannot conduct Board business if you don't hold the vote. You can serve on committees and our documents say the Board can select from all co-owners "Officers of the Board but these officers are not Board member and serve in an advisory capacity. I you are a co-owner with special talents like insurabce or whatever, you can serve as an advisor to the Board and are named as such, if the Board chooses. But even if you held the vote for your unit, you can not vote with the Board.

They can't, it is neither legal or ethical, it violates "there shall be no spilt votes". A husband can serve on the board and the wife help out on a committee; but the 2 cannot make decisions on the board. It is plain and simple!

GlenL,
Let`s say an association vote comes up what happens when the vote is recorded and both names appear in the vote? I dont see where that is seperation of board and member.

On the flip side of the coin, if a lot is in violation the BOD hold BOTH co-owners responsible deeming them to be members not in good standing. Using your argument wouldn't it follow that the BOD can only deem one of the co-owners not in good standing then?

Robert the comment was meant as a joke - I just forgot the smiley face.

I never said someone on a committee got a vote on the board that is only for board members. I never said it was a good idea, just that unless the controlling documents or state law prohibit it; it wasn't unethical or illegal. The OP resigned because he felt it violated the one lot - one vote rule and I was attempting to point out the difference between a BOD vote and an association vote as explained by our attorney. In this day and age of owner apathy, how many posts have we seen here about no one running for the BOD, of not being able to get a quorum, I personally think the practice will increase.

BruceC2: There may be a dictate in your docs explaining that there can be Exec. Board members who hold voting privileges, and then there can be Directors on the Board without voting prileges. This can also occur when one has been 'removed' from their office role, but not from the Board--therefore continues as part of the Board but without voting privileges.

Not sure, but this might be OK in a situation whereby a husband/wife team can sit on the Board, but ultimately, there can only be 1 vote between them since they both represent 1 unit. Just something to think over.