Can a Non-Deed-Holding Spouse Serve on a NY Condo Board? Yes.

Yes. New York law does not require condo board members to be unit owners—or on the deed.

Governing Documents Rule

• Bylaws may restrict eligibility (e.g., "must be unit owner," "must reside in building").
• If silent, any adult (spouse, relative, non-resident) can serve.
• Co-ops stricter: usually require share ownership (proprietary lease).

Common Restrictions (Check Your Bylaws)

• Unit owner of record.
• Primary resident.
• Not in arrears.
• No conflict of interest.
• Age 18+.

Practical Considerations

• Spouse not on deed may lack legal standing for certain votes (check bylaws).
• Insurance/D&O coverage may require ownership.
• Fiduciary duty applies regardless of title.

Legal Basis

NY Real Property Law §339-i (Condominium Act) — board powers defined by declaration/bylaws, not statute. Courts uphold reasonable restrictions.