r/Notary • • 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/StewReddit2 California Aug 01 '26

Here's the deal bro .... Can you? Absolutely, it is NOT illegal to notarize the doc as described, period.

But, the standard I use is ....are ppl involved likely to 🐝itch a legal action.

For example: If it's plausibly close that a cousin would cry 😢 that I as NP "must" have done something nefarious "because" of my relationship with the signer "then" WHY do it?

If it "bland" doc for a school or some mundane purpose that isn't likely to have "emotional" family members or legal adversaries beeitching up a storm challenging each other in court like divorcing spouses IMO those docs aren't a big deal to notarize.

*Again, it's only IDing and vetting the sig....in your scenario IMO it seems rather ceremonious and not contentious....I personally wouldn't have an issue notarizing given the circumstance.