Multiple homeowners on the board

This has been discussed over the years and I am now ready to tackle the issue. This will require a change in the bylaws so it will have to be sent out for the membership to vote, thus I would like something that would be easy to understand yet enforceable.

We would like to prevent multiple members of a family from serving on the board at one time. This just doesn't seem fair. The homeowners should at least have the option to voice their opinion via ballot.

How would a statement like the following sound?

"In addition to all other requirements, there shall not be more than one association member be allowed on the board and/or officer with the same residence address at one time."

The "and/or officer" part is included since there is no requirement that an officer must be a board member. This would also preclude a family member being appointed to fill a vacancy. Also, if two members of the same residence get elected at the same time, one would have to decline.

What problems do you see with this condition?

I see HUGE problems if the relatives each own properties and are, therefore, eligible for board membership.

To restrict a valid owner/member's participation on the board simply because of family relationships to other owner/members is absurd.

I've said this before and I'll say it again, familial relationships do not inherent voting blocs make.

We had a near unbreakable voting bloc in our own association early on from COWORKERS who happened to both own in the development. They weren't related, but they worked together on various construction projects and had a solid and almost unbreakable voting bloc along with two other of their close neighbors until we managed to get additional people on the board who did not know them personally.

The way to avoid that sort of situation is to be sure to have a good outreach into the development for board blood.

If you don't get it, then it makes no difference if the board members are "related." They will form a power bloc in spite of the misguided efforts to restrict board participation.

As a homeowner in our HOA, I would not feel that it was "fair" to prevent me from serving on the Board because another family member was also on the Board. Having said that, it really depends on the size of your Board. If say a husband & wife were on a Board of 3 then I would encourage others to fill the vacancy just to avoid the chance of creating a majority with the husband/wife votes.

Now on the other hand, if the Board is 5+, then it really would not be as big an issue.

We are barely able to get 3 people to volunteer for our Board, and in fact, one is kind of an absentee member. We struggle to get a quorum at each annual meeting, but somehow manage by other homeowners calling their neighbors to beg that they show up. And guess what, the same three people continue to get re-elected because nobody else is interested (I have been president for 4 years now and TRY to get people to run without much luck).

If you further restrict who can be on the Board, you may be in a situation where you aren't able to fill it at some point???

Well, we're simply going to have to agree to disagree because I do not believe that having two members of the same family on the board is inherently bad, nor is it near as problematic as having two very very close friends and/or co-workers on the board at the same time.

It's my belief that the reason it was passed is because it simply LOOKS like a problem, not because it really is or has been one.

But in the end it really doesn't matter what I or any one else thinks, it's what the governing documents and local regulations state or say.

Avoid the "and/or" construct in your amendment. It invites people to choose their interpretation as "and", "or" or some weird definition of "and/or".

Spell it out if you need to: "In addition to all other requirements, a Member may not be nominated, appointed or serve as a Board Member or as an Officer if he or she co-owns or lives at the same residential address as another Member who is currently nominated, appointed or serving as a Board Member or Officer."

Robert:

So if I understand #2 right, you mean that if two family members own two different units only one could serve at the same time? Otherwise I'm not quite sure what #2 means. Who or what is a multiple homeowner?

Again, RobertG, there is nothing inherently wrong with a husband and wife serving on the board at the same time.

There is just as much havoc, power grabbing and just downright mayhem that two very close (as in friendship) neighbors can wreck as I have seen ever coming from a husband and wife on a board at the same time.

I see no logical reason to exclude them unless there is a state or other local restriction on it (one that specifically disallows to owners of the same unit from being on a board).

It's a "feel good" move that could some day hamper your organization, meaning, it appears to address some esoteric "perception" thing, but in the end may well keep the board from flourishing when few people actually step forward to be involved.

My understanding of what you are discussing annual meeting votes and not who can be on a board. The two issues are totally unrelated in my judgement.

Better clarify that last sentence.
A board vote should be done by members of the association that serve on the board and hold the membership vote.