Board Member Eligibility(IL)

Started by ReneeD • 4 replies • 2581 views

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ReneeD (Illinois)
Posts: 201

Posted:

Question has come up concerning Board Member eligibility. County records indicate a certain married couple purchasing a particular unit. Years later, they divorce. Eventually, unit owner remarries then refinances but in their name only. Now, the current spouse is interested running for the Board. Because our Decs state you must be owner of record, does the BOD have the right to reject this unit owner's spouse running for a board position? -Renee

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

You could reject it, but if they both live there, and married, I would consider the spouse an owner and eligible for election. My 2 cents.

DeborahB6 (New York)
Posts: 34

Posted:

Renee,

We had a similar situation where a single unit owner married and the spouse wanted to run for the Board. Our documents define the “owner” to be the holder of record title. We assumed this meant that only the owner could run for the Board. As we read through our governing documents further, it mentioned that spouses of owners could be directors. You may want to double check your documents.

Deborah

MaryA1 (Arizona)
Posts: 7,043

Posted:

Renee,

The fact that only one spouse refinanced the property has nothing to do with who owns it. The deed will indicate who the owners of record are. Ask to see a copy of the deed to verify who the current owners of the property are. If the current spouse is not on the deed then he/she cannot run for a position on the board. Contrary to what some people may think, just because they are married and both living in the home has no bearing on who the owners of the property are. The owners are only those whose names appear on the deed.

BarbaraD6 (Florida)
Posts: 347

Posted:

Renee,

I agree with Mary, we have residents that state they are the owner but the deed lists their parents. The board has determined in this case they are renters.

Barbara

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