How do I enforce a by-laws that state “No two members of the same household are allowed to serve on the Board of Directors at the same time”?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I enforce a by-laws that state “No two members of the same household are allowed to serve on the Board of Directors at the same time”?
I am serving as president on a HOA board of directors. It came to my attention that the treasurer and 2nd vice president are married. They both own a home and are voting members however the by-laws clearly state “no 2 members of the same household my serve on the board at the same time” How do I enforce this rule?
Asked on January 9, 2012 under Real Estate Law, New Mexico
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would bring up the issue of the bylaws requirement prohibiting that no two members of the same household can serve on the board of directors of your association at the same time and see if one of them will voluntarily resign.
If that does not happen, you need to advise other members of the association of the violation of the its bylaws and place the issue on for a hearing at an association meeting where there will be a vote for the removal of one of the two where the person getting the most votes gets removed as a member of the board of directors.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.