QUESTION: Our association is having a
problem with too many relatives on the board. They are telling everyone that its
illegal to amend our bylaws to restrict relatives from serving at the same time.
ANSWER: It
is not illegal. You can amend your
documents to require that only owners may serve on the board and
then restrict co-owners from serving at the same time. That should solve the
problem.
SIBLINGS ON THE BOARD
|
BALLOT
Vote for three:
X John Doe
X Sister Jane Doe
Barney Smith
X
Fred Jones
|
QUESTION: Regarding married
couples on the board, would this also apply to a brother and his sister, living
in two townhomes situated right next to each other? Our board has three directors.
Consequently, two of those positions are held by this brother/sister team.
ANSWER:
There is no conflict of interest if there is no shared ownership of their
townhomes. Also, an argument can be made that siblings
disagree more than they agree. To prohibit relatives from serving on the board, you need to amend your
governing documents.
For
assistance amending your documents, contact
us for a quote.