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Q.Can married homeowners in an HOA who own a single unit both sit on the Board?

A.Yes, provided the Articles and Bylaws do not prohibit it. Unless the bylaws contain director qualifications, anyone can serve on the board including co-owners, renters, delinquent owners, non-owners, felons, etc…

While in some cases the governing documents may preclude two people from the same unit from serving on the Board at the same time, it would be extremely rare to see a prohibition against allowing a husband and wife who own multiple units in a development from serving on the Board simultaneously. The governing documents rarely contain requirements and qualifications for board members because many HOAs find it difficult to recruit members to sit on the Board. Even non-owners are generally able to serve on the Board. Should a homeowners' association decide to impose director qualifications, they will need to amend the bylaws. To amend the bylaws, the HOA will need to notice a meeting and obtain the necessary homeowner approval.

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