Can a Spouse be a Board Member

April 2024

It is common that only one spouse be listed on home ownership documents despite both having an equal interest in the property.

When two people are legally married, they have an equitable ownership interest in the home.  Taking an equally equitable view, both are usually considered owners according to the condominium corporation without requiring that both names appear on ownership documents.  This allows, for example, either owner to serve as a director of the corporation although perhaps not both at the same time.  One can serve as a director while another may choose to participate on a committee.

There is no good reason for a condominium corporation to require that home ownership documents be amended to show both spouses as owners.  Doing so may be problematic to the owner from a tax, financing, accounting or estate planning perspective unrelated to the condominium corporation.  Taking a hard stance on this is counterproductive.

Volunteers are hard enough to find in a condominium corporation.  Restricting participation to only one spouse in a family serves no practical purpose.