A Board member notarizing their own documents?

Started by AdrianaS • 5 replies • 1847 views

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AdrianaS (California)
Posts: 48

Posted:

Our original docs, allow renting, and years later a Board made an amendment, to prohibit the rental, but there is no record of the membership vote on the matter,we have a Board of five, the doc only shows three signatures and the person that notarized the document, was the Board President, I checked and that is a conflict of interest,I wonder if that documents is legal?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is legal until it is challenged...The HOA can agree on rules in a meeting and enforce them for the most part. However, rules such as no rental falls under a different catagory. It would required a signicant change to the CC&R's and majority vote of the owners. The CC&R's are a contract to which the owner's are bound to. All the information you seek should be in there on how to change and adopt such a rule if indeed possible.

Former HOA President

SusanW1 (Michigan)
Posts: 5,202

Posted:

RE: notary signature on his own document.

Nope. Can't do it. New rules now say you can't even notarize for a relative.

But that is the least of the issue.

SusanW1 (Michigan)
Posts: 5,202

Posted:

RE: notary signature on his own document.

Nope. Can't do it. New rules now say you can't even notarize for a relative.

But that is the least of the issue.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Adriana,

If the amendment was not filed in the Clerk of Circuit Courts office, it would not matter if God himself signed that amendment change, it would not be legal to enforce. The restrictive covenants must be voted on by the membership or in your case, whomever the developer may have been at the time. Not filed, not enforceable. As for the Board member signing the Notorization, also, not allowed. Notorization also requires 2 witnesses in Florida.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DonnaS on 04/17/2011 7:42 AM

If the amendment was not filed in the Clerk of Circuit Courts office, it would not matter if God himself signed that amendment change, it would not be legal to enforce.

LOL ... Regarding amendment Donna pretty much stated the facts. You cannot notarize your own signature, the reason for a notary is another individual to authenticate that the person is the actual one who signed. To notarize your own personal signature would not be legal in any state.

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