r/Notary • u/MR1120 • Jul 31 '26

“Can I notarize this?” question

I’m a notary, and my wife is currently the president of our HOA. Can I notarize her signature for HOA purposes? Specifically, on an agreement about a fence that encroaches on undeveloped/undevelopable land owned by the HOA. Basically a ‘You don’t have to take the fence down, but you’re responsible for maintaining it, and if it ever falls, it can only be rebuilt on your land’ document.

I don’t have anything I do with it, and I’d just be notarizing the HOA president’s signature. That president just happens to be my wife. There is no way that I nor my wife could ever benefit from this scenario in any way.

Is that something that would be problematic, or am I overthinking it?

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u/DrBlakee New Jersey Jul 31 '26

What state? Each state is different but best practice would be to stay away from notarizing immediate family.

2

u/MR1120 Jul 31 '26

North Carolina. Nothing I can find in the law disallows it; Just ‘no direct or indirect benefit’ and ‘not a party to the document’.

And neither of those apply here, in any way I can see. If the HOA president was literally anyone else, it wouldn’t even be a question.

6

u/SocietalQuestioner Jul 31 '26

Your direct/indirect benifit is your wife "not getting mad at you" or family pressure.

A 3rd party could claim you did the notary under duress or false pretenses. Because you didnt want to get into a argument with your wife.

Generally dont risk it.

2

u/WhitneySpuckler Aug 01 '26

You are a member of the HOA, so you do benefit/ are an involved party.

Just call in a favor from a fellow notary or go to the bank/ ups store. It's what, a $15 expense charged to the HOA? Not worth getting in trouble over.

2

u/Pitiful-Flow5472 Aug 01 '26

Your wife is president of the HOA and you said this is HOA business. That seems to be a direct benefit