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.