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One person owner in two units with two other co-owners, who can serve on the Board

Our governing documents state that only one person in a unit can serve on the Board at a time. We have a situation where one person in our community is co-owner in two units, one with her husband and another with a different person. In the second unit that she owns, both she and the other person are wanting to serve on the Board. How do you address this when only one person per unit is allowed to serve on the Board?

1 Response

  1. Dennis Legere

    Lisam,
    While I responded to your question via e-mail, I’ll repeat it here for everyone else. This situation often occurs especially in Condominiums and is perfectly legal and in compliance with your governing documents. The individual that is co-owner of two units is eligible to run based on either of those two units. In this particular situation both the husband and wife could run for the board at the same time, because the wife owns a second unit. I highly discourage this type of arrangement because it provides a disproportional amount of power to one household of husband and wife. While perfectly legal it is simply never right for the community. Both the husband and wife can run for board positions but should not and while both run, they do not need to be elected by the community. This is your choice and if I were in your shoes, I would never ever elect both a husband and wife to the board. I once dealt with a small community with three board members and both the husband and wife were president and treasurer of that community. They never had board meetings because they had a quorum of the board at the dinner table every night and they did whatever they wanted. The third board member was totally ignored. After much litigation it was revealed that the wife used the associations credit card to but clothing, jewelry and household items for their personal use. The board president used association power and water to build his home and the association paid for it. While this is an extreme example it is what can happen if both members of a household are on the board. You may not be able to prevent them from running for the board, but you do have a say as to either of them is ever elected to the board. Just say no.
    Dennis

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