Is spouse eligible to run for Board

Started by ThomasC11 • 7 replies • 1736 views

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ThomasC11 (California)
Posts: 210

Posted:

Live in California, my wife's name is on the title, not mine. I want to run for Board or even volunteer on a Committee.

CCRs state that only "Member" can do either, that being the "person who holds record title". Several months ago, the Board did vote to allow spouses and renters to serve on committees. Now that Board has been removed and they are questioning the validity of the decision.

2 questions:

1 - Can By Laws be changed by the vote of Board?

2 - As a legal spouse, is there a way for me to serve in either capacity (Committee or Board) in this situation, based on common law marriage, or anything else.

I know the obvious answer is to get on the Title, yet not wanting to have to go through with that at this point in time.

thanks

RogerB (Colorado)
Posts: 5,067

Posted:

1. the Bylaws can be amended in accordance with the requirements to amend listed in the Bylaws. But the CC&Rs still prevail. So if they state only a member can be on the Board or on a Committee then neither the Board nor the Bylaws matter since the CC&Rs control.

2. Technically no; the CC&Rs would need to be amended.

GlenL (Ohio)
Posts: 5,491

Posted:

Thomas I commend you on wanting to serve. If the Declarations state that only a member can serve then they can't pass a rule around it: the Covenant would have to be changed. If the requirement is in the By-Laws and the Board has the power to change the By-Laws then yes they can change them. What does the CC&R's say about who is a member? Is it limited to who is on the title or does it say owners and their spouse or immediate family?

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Thomas,

Since you mention common law marriage, you should be aware that doesn't enter into it. It's who's name is on the title. . .period!

As others have suggested, check out your gov. docs. because whatever they say prevails. You may not be able to hold a board position but you may be able to serve on a committee.

I, too, commend you for wanting to get involved. If you are unable to serve in any capacity don't let that prevent you from attending board meetings and keeping abreast of what's going on.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Serving on a committee shouldn't be a problem, unless prohibited by your documents. Many times outside people who have particular expertise sit on committees. Committees are advisory to to board.

ThomasC11 (California)
Posts: 210

Posted:

Only the person who has name on Title is qualified as a Member.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Thomas,

Guess you answered your own question!

Sorry you won't be able to serve on the BOD or a committee. Assn's need more people like you.

ThomasC11 (California)
Posts: 210

Posted:

Board is going to allow myself and some others to serve on Committees. Thanks for the help.

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