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StaceyF (Pennsylvania)
Posts: 2
Posted:
what are your experiences with conflict of interest? I am trying to find concrete reasons that a spouse shouldn't be on the DRC when the other spouse in on the BOD. They are tending to do each others jobs and it's driving us crazy. Do you have any rules on the subject? Our management company said it isn't a good idea and I don't think it's a good idea....help! our vote is tomorrow
MicheleD (Kentucky)
Posts: 4,491
Posted:
I have to admit, I don't know what a DRC is.

However, my husband is on the Architectural Committee and I'm on the board of directors.

Our CC&Rs and bylaws have no language that prevents any member, including spouses, if members, from serving on any committees or on the board simultaneously.

There is nothing inherently wrong with it.

If the actions of either, however, become unethical in any way, that should be addressed, as all unethical actions by either board members or committee members should be.

SusanW1 (Michigan)
Posts: 5,202
Posted:
"Conflict of interest" means that the person is benefitting financially or in other ways, due to the results of a vote or other situation where one member has an advantage over another.

Spouse serving as volunteers for an HOA are very common.

How are they benefitting financially or otherwise?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ditto here Susan.

I was on the BOD and my Husband head or ARC. No conflict of interest ---BECAUSE---- the ARC is just a committee with NO voting powers. If an issue would ever arise where the BOD needed to vote on some ARC issue of a personal nature to me, I would have excused or recused myself from the vote. It's hard enough to find members to serve on committees and Boards and then to say that no one related can serve on any of these positions, would be just like a Board shooting themselves in the foot.
MaryA1 (Arizona)
Posts: 7,043
Posted:
The only real objection I would have would be if two individual's owning the same property wanted to both serve on the board at the same time. If the rules of the assn say one vote per unit, then only one owner of a unit can serve on the board at a time. At least that's my opinion.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Mary, our attorney gives seminars to HOAs throughout the community.

That issue has come up in some that don't restrict spouses to serve on boards.

According to him and other attorneys who also give a similar seminar, the "one-lot, one-vote" does not generally apply to board actions and activities. That's why some boards can have members who are not lot owners.

It only applies to votes that the general population of the HOA vote on, such as CC&R amendments and elections, not the running of the day-to-day operations of the board.

I really haven't experienced it first hand, though, since we've never had that come up in our HOA. The closest we've come is one spouse on a committee and one on the board.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Thx, Michele. Not being an attorney, I, of course, am not always familiar with all the ramifications of some issues. However, I would think most members certainly wouldn't like a husband and wife team on the board.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary,
I believe many documents prohibit a husband/wife team being board members at the same time but a committee and board membership is not a conflict of interest. As I posted, it is done all of the time. I'll check our Statutes and verify that it is not accepted.

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