Ask the Attorney
Q:
I Was Told That I Can Not Be on the Board of Directors as They Say That Only My Husband Is an Owner. We Are Married, and I Have Lived Here for Over 10 Years. Are They Correct?
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Minnesota Communit y Living
By Nigel Mendez, Esq., Carlson & Associates, Ltd.
This column is comprised of questions that have been posed to me by homeowners, property managers and related professionals regarding legal issues that they have encountered with respect to their associations. Discussion of these questions, as well a prior questions, can be found on the CAI-MN LinkedIn page: www.linkedin.com/groups?gid=1769135
A:
If your husband owned the property prior to your marriage, the association is probably correct in stating that you are not eligible to serve. Associations typically define the members (or owners - these terms are often used interchangeably) as the “person who owns a unit.” This definition is also in the Minnesota Common Interest Ownership Act (MCIOA), found in §515B of the Minnesota Statutes. In Minnesota, an owner of property is the person, or persons named on a document of conveyance, most often a deed. Put more simply, the owner or member of an association is usually the person(s) named on the deed. If your husband purchased the property alone, and did not issue a new deed to both of you upon marriage (rarely done), then he alone would be the member. So, if you are not a member, why can’t you serve on the board? The qualifications to serve on the board of directors is usually contained in the association bylaws or articles of incorporation. These documents frequently state that to be elected as a director, you must be a member of the association. In those instances, residents who are not named on the deed, are not eligible to serve as director. However, keep in mind that some associations’ documents do allow non-members to serve on the board. This issue can confuse some people as Minnesota law grants spouses a marital interest in real property. Should your husband wish to sell the property, he would be unable to do so without your consent. Regardless, a marital interest does not equate to the ownership interest frequently required to serve on an association board.