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Answer:
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First, check the association’s governing documents for any conditions that prohibit or permit two or more related lot owners from serving. The next consideration would be the size of the board. If the board is only 3 members, then a husband and wife (or any two related individuals) could be a voting block that could prevent fair representation of owners. If the board is larger and has difficulty reaching a quorum for meetings, the board may consider allowing related lot owners to serve. Even so, a minimal quorum in attendance may still prevent fair representation. Generally speaking it is probably not a good idea. However, if pursued, the board should consider adopting a resolution that defines the conditions; or consider amending the by-laws.
The board may want to ask an attorney to review the association’s governing documents and draft a written response to this question. The attorney could also then prepare any amendments or resolutions for approval. It is likely that the board is attempting to save money; however, in the long run legal guidance will protect the board and association. I strongly suggest that the association use an attorney with experience in community association law. Check our HOA-NC Legal Directory on the home page of our website. www.hoa-nc.com
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