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Subject: 2 Family members on a BOARD
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Author Messages
MonicaE
(Nevada)

Posts:21


06/22/2010 6:41 PM  
I have a question and hope someone can help.

I live in Nevada and we recently had our annual election.
Two board members that were elected are married and do not live
in the community; however they own three units in the community.

Can they both serve on the board? I would think this is a conflict of interest and wanted feedback from other sources.

Thanks,

Monica
SteveM9
(Massachusetts)

Posts:2924


06/22/2010 7:29 PM  
I don't see why they couldn't, but I wouldn't want it. You get what you vote for!
DeborahB6
(New York)

Posts:27


06/22/2010 7:34 PM  
Monica,

Check your CC&R's. Ours don't allow it.

Deborah
VickyO
(Illinois)

Posts:1


06/22/2010 7:44 PM  
Hi!
Funny you should ask because my husband and I are on the board of our association and it has always been permittable if it is not written in your Declarations or By-Laws. However, recently,the President of our Association has proposed the Agenda for tomorrow nights meeting and one of the line items he plans on motioning in just that. A husband and wife can not be on the board. Personally, I feel this way....The main concern I would think is what a final vote outcome would be in any motion, etc. But, in our case, we only have 1 vote per property, soooo. either way, only one vote is allowed. HOA Members can get pretty deep into why and why not this should be allowed but I know from our experience, we have been very conscience Board Members and have upheld our positions as intended. That is to be fair and impartial to ALL property owners. What remains to be seen is them not living in at least one of the homes. I am not quite sure what others think but in my opinion,if you own and home, you own a home and have a vested interest in the property. However, I also believe that if they are going to be on the board, they would best serve the association by being truly involved and committed to their postion/s.
If they just want to be on the board to have that "final say" with no regard for anyone else in the community, they are not doing justice to the community the association. If they are, cudo's to them. We have a property owner that hasnt lived here for over 7 years and he has wanted to be on the board but is never ever around or involved. What gets a person into an open position is votes. If HOA members are familiar with faces that are involved and productive, in most cases, they will be nominated to the position, voted for and passed to become a board member. Best of luck!
MicheleD
(Kentucky)

Posts:4491


06/22/2010 9:53 PM  
Unless your controlling documents specifically disallow it, there is no reason why two family members cannot be board members at the same time.

Nobody is benefiting financially from board membership.

If anything, it doubles the amount of time the household spends on HOA matters.

And the board members still only have one vote per lot on material HOA matters, so I fail to understand the issue.

And, quite frankly, if they won the vote, what is the problem?!?

Obviously no one else cared enough to put themselves on the ballot to fill out the board, so. . . . take all the hands you can get.

SteveM9
(Massachusetts)

Posts:2924


06/23/2010 5:07 AM  
The main concern I would think is what a final vote outcome would be in any motion, etc. But, in our case, we only have 1 vote per property, soooo. either way, only one vote is allowed.


For big issues, yes, you only have 1 vote per property. But for everyday decisions, you don't vote on "everything" This is where the problem lies.
SusanW1
(Michigan)

Posts:5202


06/23/2010 5:30 AM  
Why the issue of conflict of interest in the OP's original question/
MaryA1


Posts:0


06/23/2010 7:02 AM  
Vicky,

One vote per property does not pertain to board member votes at a board meeting. It only pertains to issues being voted on by the members of the assn.
MaryA1


Posts:0


06/23/2010 7:05 AM  
Monica,

Conflict of interest doesn't enter into this at all. Two members of the same family -- or representing the same property -- only has the "appearance" of not being right. Unless your docs specifically state this is not acceptable, then there is nothing wrong with it. If the members have no qualms about voting these people into office then what is the problem? Usually the only requirement for holding a board position is that the person must be a property owner and some assn docs do not even make that requirement. Living on the premises is usually not a requirement.
GlenL
(Ohio)

Posts:5234


06/23/2010 10:14 AM  
Davis-stirling.com (attorney website) has a great breakdown of the different powers of the Board and membership. http://www.davis-stirling.com/MainIndex/PowersofBoardandMembership/tabid/619/Default.aspx

As long as the husband and wife are not the majority vote i.e. on a three person Board, I have no problems with it especially in HOA's where no one will step up and run but are quite willing to bi*ch and moan over others that do.

French historian and author of Democracy in America Alexis de Tocqueville famously observed, "In a community association, members get the boards they deserve."
BonnieE
(Illinois)

Posts:331


06/23/2010 11:16 AM  
Hi Vicky,

just for clarification regarding IL law and 2 members of the family on the Board at the same time:

I also own a condo in IL. If you meant that you and your husband are both on the Board and own one Unit, then please see the IL Condo Act as this would apply, IMHO (perhaps this is why your Pres is including this on the agenda?):


http://www.ksnlaw.com/E02E82/assets/files/Documents/Illinois%20Condominium%20Property%20Act.pdf

Sec. 18. CONTENTS OF BYLAWS. The bylaws shall provide for at least the following:
(a) (1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-third of the members of the board shall expire annually and that all members of the board shall be elected at large. If there are multiple owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the board at any one time.

If you meant that you and your husband own 2 or more Units, I could not find anything in the Act addressing that situation.

Bonnie
JonD1
(New York)

Posts:1710


06/23/2010 11:55 AM  
I would love to know from the OP:

Did anyone else run for these open positions?

If not that what's the problem?

In the world today where most properties have to beg people to serve now we have people willing to give their time and we're going to try and find resons to keep them off the Board?

Any other reason?

My bottom line if they do their jobs I don't care if the whole family serves.

And in the case cited if they own multiple units than their ownership could be used for more than one position on the Board.

So if they ran, won and now wanted to serve and it is not in violation of the rules for that property what's the problem?

Sometimes people can't wait to find problems with anything.

If you don't like the job they do, or the fact they happened to be married and you base your decision on who to vote for that way then vote them out.
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