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GeraldM1 (Florida)
Posts: 2
Posted:
Our BOD consist of 9 members. There are 5 seats up for re-election this year. Per our by laws each household has one vote (share)on the affairs of the corportation. We currently have one member on the BOD and their spouse is running for the BOD. They would have two members on the BOD while owning only one share. Please comment.
GlenL (Ohio)
Posts: 5,491
Posted:
Gerald I suggest you read this thread:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/89130/view/topic/Default.aspx

Studies show that 5 out of 4 people have problems with fractions
AnnaD2 (Florida)
Posts: 960
Posted:
Gerard---it is NOT allowed in Florida. That statute was passed in 2009
TimB4 (Tennessee)
Posts: 21,059
Posted:
Anna,

I thought that the bill passed the house but died in a senate committee. Can you provide the statute number?

Tim
HB (Oregon)
Posts: 143
Posted:
Quote:
Posted By GeraldM1 on 02/18/2010 12:50 PM
Our BOD consist of 9 members. There are 5 seats up for re-election this year. Per our by laws each household has one vote (share)on the affairs of the corportation. We currently have one member on the BOD and their spouse is running for the BOD. They would have two members on the BOD while owning only one share. Please comment.

Hi Gerald,
you can find some great debates about whether spouses/friends/relatives/etc. should be allowed to serve on the BOD simultaneously.
If these two individuals have the qualities you would look for in a Board member, then I don't see a problem. If there is nothing prohibiting it in your docs then there really isn't much you or anyone can do to prevent it other than NOT vote for that person.

The "household" would still only have one vote for matters that require a vote by the entire membership (ie. amending bylaws, voting for BOD members, etc.).

Both of them would have a vote when it comes to items decided at a Board meeting and normally voted on by the Board only. But again, if they have the qualities you normally look for in a BOD member, there isn't anything inherently wrong with them both serving/voting for who is going to landscape the common areas, or whether a request to paint a house pink should be approved.

HelenK1 (Washington)
Posts: 68
Posted:
with 9 board members it's not like the 2 of them can rule the board Probably not even worth makig an issue of it It would be different if there was only 3 board members
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Gerald,

If your documents state each unit has one vote (share) in the affairs of the corporation, I would venture to say that two people (from one unit) serving on the board is improper. If there was ten co-owners, then, all the board could come from one unit. You can't say it is right because there is no quidelines and then create conditions that are not reasonable or proper. There are some that (with justification) advocate there is no harm, and completely legal.
I am not one of them. Anytime there is opportunity to involve more units in the governance you do a service to the whole. I understand there is stories that laud how this wife and husband did this and that and I have nothing but praise for them, but, bottom line, the way you worded this post, one member/per household on the board. And each poster here directs you must follow your documents.

Also, a scenerio where you have more candidates running for the board than you have vacancies, how can you in good conscious cut out a unit. A vote for a man and woman or two people running from the same unit is not a democratic vote, let's be honest, could any of us consider voting for husband and wife without considering they were husband and wife, and this is not a national election, it is an election among neighbors, close neighbors.

In my condo there is a husband wife team that are my friends and one is president, the other involved in all kinds of worthwhile association projects. Our by laws prevent both running for board, it does not prevent any owner from contributing, and they do, with vigor. To me, model members of any association and I support them both. Every association should have committess that allow for any owner to contribute to the whole, but does not bias the vote of the board or present the opportuity.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By HB on 02/18/2010 9:38 PM
Posted By GeraldM1 on 02/18/2010 12:50 PM
Our BOD consist of 9 members. There are 5 seats up for re-election this year. Per our by laws each household has one vote (share)on the affairs of the corportation. We currently have one member on the BOD and their spouse is running for the BOD. They would have two members on the BOD while owning only one share. Please comment.


Hi Gerald,
you can find some great debates about whether spouses/friends/relatives/etc. should be allowed to serve on the BOD simultaneously.
If these two individuals have the qualities you would look for in a Board member, then I don't see a problem. If there is nothing prohibiting it in your docs then there really isn't much you or anyone can do to prevent it other than NOT vote for that person.

The "household" would still only have one vote for matters that require a vote by the entire membership (ie. amending bylaws, voting for BOD members, etc.).

Both of them would have a vote when it comes to items decided at a Board meeting and normally voted on by the Board only. But again, if they have the qualities you normally look for in a BOD member, there isn't anything inherently wrong with them both serving/voting for who is going to landscape the common areas, or whether a request to paint a house pink should be approved.


This is the post you need to pay attention to.

Voting on board issues is NOT the same as voting on the "affairs" of the association. Many associations have stipulations of one vote/one lot. But that does not apply to the actions of the board of directors. Their processes fall under a different heading.

In fact, I would like to see the bylaws, intact, with relation to the issue of voting. It feels to me as though you are conflating voting on things like amendments, elections, etc., with the actions of the board, which are two different things.

It would be different if your bylaws actually stated that only one lot owner of record or member of the household can serve on the board at the same time. There are several HOAs that state that.

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