ownership requirement to be on the HOA Board

Started by PaulT4 • 7 replies • 1694 views

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PaulT4 (Arizona)
Posts: 1

Posted:

In Arizona (which is a community property state) The owner is the wife but the husband was on the HOA board. He was advised that he may not be on the board because he is not the owner.
He resides at the location and pays the mortgage from his bank account. The purchase of the house was with his money but he had his wife only on the Deed.
Does the action to ask him to resign from the board make sense?

TishS (Washington)
Posts: 116

Posted:

Yes, it would appear the couple chose this property to be the wife's separate property. They can not have it both ways.

MarcoM (Texas)
Posts: 6

Posted:

I married into the our community and do not appear on the deed records.

I now serve as the Board President .... please tell me I am fired, please...

SusanW1 (Michigan)
Posts: 5,202

Posted:

Paul - check your definition of board member((requirements of, in bylaws).
Some HOAs don't even require board members to be an HOA member. Others require that you be a resident of the community. It should be in writing somewhere.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Does the action to ask him to resign from the board make sense?

Is ownership a requirement to serve on your board? Its not at my HOA.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Paul,

Community property means that whatever you earn or acquire during the marriage is co-owned by both parties, regardless of who earned it or whose name is on the title. But, since your name is not on the title the HOA does not know whether this property qualifies as community property or not and that is why they require your name to be on the title. I think the best thing to do is to either ask your wife to have your name put on the deed or just resign yourself to the fact that you cannot be a board member. Perhaps you can serve on a committee.

RZ (Arizona)
Posts: 51

Posted:

Years ago, we had a husband and wife serving on the Board.(Jane and John Doe) They had married a few years earlier and John moved in with Jane. (so far so good)

The husband became the alpha board member causing one resident to discover that the home was in the name of the Jane Doe Trust. Turns out that John Doe was not a trustee on this home and had no ownership in the matter of this home what-so-ever.

Bottom line- he had to leave the Board. The fact is he did not own nor legally control any home in the community. The Board made him a consultant instead.

TimB4 (Tennessee)
Posts: 21,062

Posted:

It all depends on your State's laws (which typically do not address such an issue) and your Associations governing documents.

Some Associations require qualifications for Directors (like membership) and some do not. Typically members are defined as the person or persons on the deed. However, your governing documents may differ.

Bottom line, the Association must follow what the governing documents and State Law says.

Tim

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