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SheriC1 (California)
Posts: 15
Posted:
I was informed by a CAM manager that a law passed last July 1, 2011, that married couples could not serve on a BOD of an HOA. I can find anything to support this statement. Time is of the essence getting an answer, so if you know, please help. Thank you.
GlenL (Ohio)
Posts: 5,491
Posted:
Not that I can see, it might be against the CC&R's, you need to ask this person to point out where it is a violation.

720.306 Meetings of members; voting and election procedures; amendments.—

(9)(a) ELECTIONS AND BOARD VACANCIES.—Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held or, if the election process allows voting by absentee ballot, in advance of the balloting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters.
(b) A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership.
(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

Studies show that 5 out of 4 people have problems with fractions
PeterD3 (Florida)
Posts: 708
Posted:
Yes, married couples can currently serve together as far as the State is concerned.

However your assn. docs may prevent this.
Since the PM says a law was passed on 7/1/11 (implying its a state statute) ask to see the language stating so.

The 'burden of proof' is on the accuser.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Sheri,

Even if there is no law against it, it usually isn't a good idea to have two people from the same household serve on the Board together. This is because it may give the wrong perception to the membership.

Tim
AnnJ1 (Florida)
Posts: 122
Posted:
Hi Sheri....
There were some changes in Chapter 718 that were effective July 1, 2010.... not 2011. Perhaps your CAM is referring to that? It addresses "coowners" eligibility.

Here's the new language....
718.112 Bylaws.—
(a) Administration.—
(d) Unit owner meetings.—
2.
In a condominium association of more than 10 units or in a condominium association that does not include timeshare units or timeshare interests, coowners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy

Atty Joe Adams writes the following.....
Husband, Wife Can Serve On Homeowners’ Board
Condo Regulations are Slightly Different
Fort Myers The News-Press, October 31, 2010
By Joe Adams
[email protected]

Q: I am in a homeowners’ association. We have our board election coming up. There is a husband and wife that are both running for the board. Is it legal for both a husband and wife who own one home in the community to be elected to the board of directors of a homeowners’ association? B.D. (via e-mail)

A: Yes. In a homeowners’ association there is no restriction on co-owners, whether husband and wife or otherwise, serving on the board of directors at the same time. Rather, Section 720.306(9) states in relevant part that “[a]ll members of the association are eligible to serve on the board of directors…” Accordingly, any member, including co-owners, are eligible to run and serve on the board of directors of the association at the same time.

Conversely, in a condominium association, coowners are generally prohibited from serving on the board of directors at the same time. That law was amended this year, effective July 1, 2010, to clarify that co-owners who own only one unit in
condominiums containing more than ten units may not serve on the board of directors at the same time, unless there are insufficient eligible candidates to fill the vacancies on the board of directors at the time of the vacancy.

HTH,
Ann

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