W.T. from Delaware writes:
Dear Mister Condo,
Can a person whose name is not on the property title be on the Board of Directors?
Mister Condo replies:
W.T., that depends on the condo’s governing documents. Some documents have specific requirements about who is eligible to run and serve on the Board. Some are absolutely silent on the subject. The most common wording is that service on the Board is limited to owners. However, if a married couple occupies the unit and only one of them is on the title, an argument could be made that the spouse not on the title is ineligible to serve. The couple could certainly amend the title to the unit to correct that oversight if they wished. Take a look at your governing documents and see what the listed requirement is. If there is none, then you would look at state law. Delaware law is pretty clear that the Executive Board must consist of unit owners. However, it doesn’t mention that unit ownership is defined by title. All the best!