husband/wife board members

Started by KayG1 • 9 replies • 1357 views

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KayG1 (Iowa)
Posts: 5

Posted:

Our secretary created the ballots for our annual meeting to vote on new officers and board members. At the top he stated it was okay for both a husband and wife to run. Most of the rest of us said it would not be fair. There are only 3 board members and 5 officers. The 3 board members are also officers. Is this fair?

RobertG (Arizona)
Posts: 505

Posted:

Does the board have to approve the ballot (I would think so)? If so, how did the other 2 board members vote? Do your documents say anything about a board member's qualifications relative to this issue?

Fair sometimes isn't the only part of the question. The first question should be is it allowed.

For me, I don't think it should be done, but our HOA does and we have a husband/wife as board members. Apparently the members of the association don't mind.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your bylaws should outline WHO is eliglblel to be a board member. Sometimes it disallows relatives from serving on the board; For others, it is simply wide open to any member of the HOA.

Ask that ALL candidates be pre-qualified i.e. eligible - before names are placed on the ballot.

PS - WHY is your PM creating the slate / ballot!!?? your board should have a nomination committee.

SusanW1 (Michigan)
Posts: 5,202

Posted:

That should be: Why is the secretary deciding who runs for office?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kay,

Please clear up a little confusion for me. You stated there are 3 board members and 5 officers and that the 3 board members are also officers. What are the other 2 officers? Who elects the board members and who elects the officers? What office does the 5th officer hold?

TracieS (Colorado)
Posts: 460

Posted:

Quote:

Posted By KayG1 on 07/07/2009 8:14 PM
Our secretary created the ballots for our annual meeting to vote on new officers and board members. At the top he stated it was okay for both a husband and wife to run. Most of the rest of us said it would not be fair. There are only 3 board members and 5 officers. The 3 board members are also officers. Is this fair?

Seems to me like you're asking two questions.

First of all...do your governing documents disallow spouses from serving on the BOD at the same time? If they are silent, then I would say it IS ok for both to run. Seems like your secretary has already answered that question.

Secondly...is it fair? Fair is such a loaded term. Are there others who would serve on the BOD if only one spouse served? In my tiny association, both my husband and I hold BOD positions. Without him serving, we'd have an incomplete BOD. Since two BOD reps together can't make a quorum, why would it be a problem?

Also, remember, FAIR does NOT equal LEGAL.

MarciiaB (New Mexico)
Posts: 36

Posted:

I don't know about your HOA, but in ours we have ony 7 people our of 58 owners who are interested in being on the board or ARC, so we take what we can get. I'm the president and my husband is the treasurer. Every year we ask for nominees and volunteers and get none.

TracieS (Colorado)
Posts: 460

Posted:

I'm right there with you! 19 units, with 2-3 people actually doing anything. To make it even easier for us, the BOD acts as the Architectual Review Committee (in our CC&R). We're brick-faced townhomes, so there's really no modifications the owners could even consider.

MarciiaB (New Mexico)
Posts: 36

Posted:

Our units are stucco pueblo style townhomes, so the only thing we really focus on is where to put the satellite dishes so they aren't hanging on the sides of the units. It started to look like a trailer park for a while, but we had everyone move theirs to the middle of the roof and most are now out of sight. We have a separate ARC but 3 members are required in the CC&R's and we can only find 2 willing to do it.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Marcia,

The FCC passed a ruling regarding satellite dish antennas. It can be viewed at the following website: www.fcc.gob/mb/facts/otard.html I suggest you take a look at it, in fact you should print it out. There is a specific question regarding townhomes.

BTW, Federal laws trump your gov. docs!!

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