Q&A: Can married couples serve on the co-op board at same time?

Q. Can married couples serve on the co-op board at same time?

                    —Concerned Stakeholder

A. “Unless specifically prohibited in the corporate documents or bylaws,” says attorney Adam Leitman Bailey of Adam Leitman Bailey P.C., in Manhattan, “no legal prohibition exists to having a married couple elected onto a board.  That being said, in my humble opinion the married couple will almost always be voting the same way, with the same interests to protect.  Instead of having two independent, free-thinking voting members to benefit the building, the board will have every vote handicapped in favor of the married couple holding two votes.  But it is up to the shareholders or owners to make the best decision for the building.”

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