Can dead people own property?

Started by TishS • 10 replies • 3446 views

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TishS (Washington)
Posts: 116

Posted:

9 lots in our HOA are deeded to a woman who has been dead for 5 years. She only has one son who inherited everything, no one has seen the will but we all know this to be true. Can he vote as the owner of the lots? He inherited over a hundred pieces of property and just has not gotten around to do anything with all of them.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Technically it would be the estate and not the actual person who would own the property. Estates are managed by an executor and the property may or may not have been completely addressed. I know from personal experience that it took me over 3 years to settle my mothers minimal estate (and everything was owned outright).

If you know that he inherited the property, he is the new owner and would have the right to vote. If he is the executor of the estate, he is allowed to vote. If you are unsure if he inherited the property or that he is the executor, the Board should send him a certified letter requesting proof of him being the executor or of ownership.

However, since this has gone on for 5 years, I find it odd that you are just now asking questions (as one would expect these questions in year one (or two at the latest)). Are you a member of the Board now? Were you a member of the Board in the past five years? It's possible that this has already been resolved. You may need to check past records of the Association (minutes, membership lists, etc.).

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

It could also be in a trust.

KarenT (Washington)
Posts: 250

Posted:

Quote:

Posted By SusanW1 on 09/30/2010 6:41 AM
It could also be in a trust.

If it is a Trust under the Will - the PR (Personal Representative) or executor should have actually Deeded the property to the Trust. You can check court records to see if there were any Letter Testamentary filed with the Court.

TishS (Washington)
Posts: 116

Posted:

Tim,

It was never questioned, because no one ever tried to vote before. This one gentleman between his property and his mothers control 60% of the votes. If issues arise and we already know how he feels about it, we can save a lot of time. Our HOA has had some unbelievable problems and we (just the members) are just trying to get things straightened out.

Right now, we have no board

TimB4 (Tennessee)
Posts: 21,059

Posted:

Perhaps you should solicit to be his representative proxy.

Tim

TishS (Washington)
Posts: 116

Posted:

Boy that would make me popular. I think he does not vote in general because he is aware of his overwhelming voting power and does not want to be the neighborhood dictator. Howevever, as things come up that are requiring fairly large assessments, which would cost him the most, there is no since in getting bids if he is opposed in the improvement or not willing to pay.

In the past even though it is a mandatory association he only pays one membership and assessment. I guess everyone thought that was the easiest way to get things done.

This is pretty much a trainwreck of an association and we are just trying to get on the right track

JeffP6 (Florida)
Posts: 91

Posted:

He owns 9 lots and only pays 1 assessment? Did i read that correctly?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By TishS on 09/30/2010 8:07 PM
Howevever, as things come up that are requiring fairly large assessments, which would cost him the most, there is no since in getting bids if he is opposed in the improvement or not willing to pay.

Trish,

It is always proper and correct for the Board to get bids and recommend to the membership things that need to be done. This is called due diligence and is the duty of any Board.

Failing to bring something to the membership because you know, or believe you know, that the proposal will fail leaves the Association to legal action if anything happens in the future because there is no written record that the Board attempted to fix an issue it knew about. It's an action that should be taken to protect the individual board members vs. protecting the Association.

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Tish, Sorry about adding the R in your name. Which we had an edit function available (even if it was only active for 30-40 min after posting) to correct things like that.

TishS (Washington)
Posts: 116

Posted:

Yes you read that correctly..he only has been paying one membership dues. We have lots of problems, we are trying to fix things one at a time. Which is why I believe he will start voting or attempting to vote. His mom was president for 30 years and then he was president up until 2 years ago...the rest of the board was other relatives. WE have had lots of surprises.

I appreciate the reminder of just following the procedure and seeing what happens. At least we can say we tried.

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