Question about Membership

Our governing documents state:

1.Members of the Association-Every owner of a lot is a member of the association. Membership in the association is appurtent to, and may not be seperated from, ownership of any lot.

2.Term of Membership-Each owner shall remain a member until he or she no longer qualifes under section one above. Upon the sale, conveyance or other transfer of an owner's interest in a lot, the members interest automatically transfers to the the owner.
Tenants and Lessees

A.Assignment of Rights-Each member shall have the right to assign his or her rights (other than voting rights) to a tenant residing with the members residence. Such assignment shall only be effective so long as said tenat resides within said residence and is in compliance with the Declaration and the Association Rules as the same may exist from time to time. At all times the tenant shall remain in compliance with the provisions of the Governing Documents.

B.Assignment of an Owner's rights to use the Common Facilities to the tenant shall not be effective until the Owner has given the Secretary written notice therof the name of the assignee and members of his or her family who will be entitiled to use the Common Areas, Roads and Common Facilities by virtue of assignment.

My question:

When a member turns over his rights to a tenant, does this remove the right of the member to hold Board positions? If not, why not when the above says owner turns over his rights EXCEPT voting rights.

Kathy- Good Day- Lets see if I may be of help.This forum here has taught me alot of valuable ways to read what is written..

1- Every OWNER is a Member.
2- This explains how Membership is terminated when he/she no longer OWNS the property.

Members are allowed to extend to tenants the right to use the common areas ,roads and your common area facities like say your pool,clubhouse,playground etc...The tenant may not use the Common Area etc till the OWNER has put something in writing to the Association - like say a legal valid lease outlining the rights above.

I do not SEE where the Member has turned over any other RIGHTS that are reserved for only OWNERS.I understand it to mean that the OWNER OF LOT still retains his/her rights assigned to OWNERS only, that WOULD NOT be extended to a tenant .The RIGHT to vote, the RIGHT to seek a seat on your BOD,the RIGHT to sit on Committees etc..........The RIGHT to set policy with regards to your Community.In otherwords they are truly just tenants by virue of a lease not Members by DEED. Hope this helps and I am sure Roger may step in and clarify - He's GREAT at SEEING verbage and the "context" of..Have a Great Weekend Linda C

This discussion, to me, brings to mind some interesting co-incidences that we take for granted and then when we want to rent a second home or condo we forget all we know and fall for the "Quick Buck"

Supposed your mother and father have passed on and you want to keep their house and rent it. You live about three blocks away and figure you can keep an eye on things. Now, would you require a signed lease for that property. I bet you would and make damn sure the tenants abidded to the letter.

But we buy half million unit in a condo, and walk away and let someone else look after it. We have to get a second home rider that says you can't rent the property, and a condo rider so you can get a mortage with as little down as possible. Do you abide by the second home mortage? I'll leave that open. But you rent your unit to large numbers of people (you have no idea how many), give them the keys to your golf cart and the keys to your unit, make sure the quest book is left out open so the guests will write what a wonderful place it is, and don't have a clue what happens in your unit or on the property, turn around and in seven days do it again. To me, that makes you an investor, and your tenants "stranger in the night."

Then when you reach your expected appreciation you sell out and the thing starts all over again.

So please, don't talk of all this as some kind of a neighborhood, and expect full time owners to play policeman and "hosts" and answer givers, and fishing guides or party givers, as security guards, and nightwatchmen, and policy setters and committee members to make the ground nice or to wade through tons of insurance stuff trying to get the best deal for you. I love you all, even those I don't know.