QUESTION: Can a spouse who is not on title serve on the board?

ANSWER: If the governing documents require that only members may serve on the board, then non-member spouses cannot be nominated to run for the board nor may they be appointed to empty seats on the board.

If the bylaws are silent regarding director qualifications, then spouses may serve on the board, as may tenants and non-residents. Even though a spouse not on title may not serve on the board (if restricted by the governing documents) the spouse still has the right to use the association's common area facilities, as do domestic partners.

QUESTION: We have two married couples who want to run for the board. Is there any Civil Code that addresses two persons from the same household (both on title) from running for the board. This would allow two households to control a five member board.

ANSWER: 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.

NOTE: The "one vote per household" typically found in governing documents does not apply to directors elected to boards. Husband and wife have only one vote between them when it comes to matters placed before the membership for a vote. However, if husband and wife are both elected to the board, each has a vote when it comes to matters placed before the board for a vote.

QUESTION: I am a newly appointed board member. Some people say I cannot be on the board since I am not on the deed; our condo is in my husband's name. Others say that because California is a community property state, it is automatically assumed I am an owner.

ANSWER: Community property laws come into play in death and divorce, not director qualifications. Whether or not you qualify for the board depends on your association's governing documents. If they do not require that directors be owners, then a spouse not on title can serve on the board. If your governing documents require that directors be owners, then you need to be on a recorded deed to serve on the board.