Director Spouse
Adams Stirling PLC


Bylaws Silent. There is nothing in the law prohibiting a husband and wife from serving on the board. If an association's bylaws are silent regarding director qualifications, then spouses can serve together on the board and be officers, as may tenants and non-residents. Small associations, in particular, have difficulty persuading people to serve on the board. It is not uncommon in small self-managed associations for a retired couple to be on the board. It's because they have the time to manage the association's affairs.

However, having spouses (or an 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, larger associations amend their bylaws to add director qualifications that restrict co-owners from serving on the board.

One Vote Rule. The "one vote per household" typically found in governing documents does not apply to directors elected to boards. Co-owners have only one vote between them when it comes to matters placed before the membership for a vote. When spouses are elected to the board, each has a vote when it comes to matters voted on by the board.

Non-Member Spouses. If the governing documents require that only members 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.

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Adams Stirling PLC