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CO-OWNERS ON THE BOARD

Joint owners on boards, whether partners who own a unit or husband/wife ownership, create a potential conflict because the joint owners may act as a voting block on all issues rather than acting independently. There is nothing illegal with joint owners on boards. Even so, many associations are uncomfortable with the arrangement and amend their bylaws to prevent this from occurring. This is one of the qualifications permitted by Civil Code § 5105(c)(2):

An association may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director.

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Adams Stirling PLC