ELECTION OF SPOUSES TO THE BOARD

QUESTION. Can a husband and wife both serve on the Board of Directors?

ANSWER. Yes, provided the bylaws do not prohibit it. In the absence of director qualifications in the bylaws, anyone can serve on the board including co-owners, renters, delinquent owners, homeless people, etc. There is nothing illegal about a husband and wife serving on the board, however, having co-owners on the board creates potential conflicts of interest and may interfere with independent evaluation of issues that come before the board.

Because of this, many associations amend their bylaws to add director qualifications that restrict who may serve on the board.

Updated by ADAMS KESSLER 8/22/2008