Can a husband and wife serve as President and Treasurer on a HOA board at the same time?

[Michael Chaplo]

Can a husband and wife in the same household serve as President and Treasurer on a HOA board at the same time? Or, is this considered a possible conflict of interest? I checked our Bi Laws and there is no reference permitting or not permitting this, and nothing in our rules and regulations. Thank you for your legal opinion on this matter. 

[Atul Kapur]

This is not a legal opinion: RONR does not have any restriction on this topic. 

For a legal opinion, you should consult a lawyer familiar with the relevant law in your jurisdiction. 

[Gary Novosielski]

On 1/30/2024 at 6:56 AM, Michael Chaplo said:

Can a husband and wife in the same household serve as President and Treasurer on a HOA board at the same time? Or, is this considered a possible conflict of interest? I checked our Bi Laws and there is no reference permitting or not permitting this, and nothing in our rules and regulations. Thank you for your legal opinion on this matter. 

We don't offer legal opinions here.  Some of us are lawyers, some are not, but none of us are your lawyer.

If the parliamentary rules in RONR apply, a husband and wife may serve in any positions they are duly elected to.  The voters are free to consider situations such as the one you propose, and use them in their decision-making process.

RONR only states that a member should not vote on a question in which he or she holds a personal or pecuniary interest not in common with other members, but members retain the right to do so even though they should not.  And the advice applies to voting only—not to other actions.  

Edited January 31, 2024 at 01:51 AM by Gary Novosielski