Question:
Recently, our Board President resigned leaving a portion of his term vacant. The existing Board Officers selected the husband of an existing Board Officer to fill this vacancy. This was a unilateral decision and not a community vote.
We have a Board consisting of seven elected members, two of which are husband and wife and live in the same household, thus giving one household two votes on the Board.
I have been told by another HOA that the decision to select related individuals to a Board goes against NC HOA rules.
When issues arise that come before a community vote, each household, or lot, is given only one vote. It doesn’t seem fair that a Board would select a husband and wife (one household) to serve as Officers and therefore have two votes to cast on Board issues.
For example, our community, Devonshire, located in Asheville, North Carolina has a man-made pond that has a NC waterway (stream) that flows through it. The pond has been filling will silt for the past decade and has become a concern to the five resident members who live adjacent to the pond. Interestingly, the husband and wife board officers are one of these five resident members.
I feel this is conflict of interest that could slight the decisions that may be made toward expenses to correct issues associated with our pond.
Can you shed some light upon my concern over having a husband and a wife serving as voting officers on an HOA Board.
Thank you for your consideration.
– Hans
Answer:
Hi Hans,
While North Carolina law does not explicitly prohibit spouses to serve on the same HOA board, it is generally discouraged. That said, make sure to check your bylaws to see if your HOA has specific rules that restrict this.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
