Can a Truste be on the Board of HOA?

Hello

Can anyone assist with our problem.
Our dictator (!!) on the Board we have discovered sold their property to a Trust which gives her lifetime living rights in the house and she is a trustee of the trust.
Our Covenants states only owners of the properties can be on the Board. Can she be considered the owner. In my opinion she is a proxy of the Trust not owner
Is this correct?

Yes, based on the following FL Statute........

Title XXXVI
BUSINESS ORGANIZATIONS Chapter 617
CORPORATIONS NOT FOR PROFIT

617.0802 Qualifications of directors.--
(1) Directors must be natural persons who are 18 years of age or older but need not be residents of this state or members of the corporation unless the articles of incorporation or bylaws so require. The articles of incorporation or the bylaws may prescribe additional qualifications for directors.
(2) In the event that the eligibility to serve as a member of the board of directors of a condominium association, cooperative association, homeowners' association, or mobile home owners' association is restricted to membership in such association and membership is appurtenant to ownership of a unit, parcel, or mobile home, a grantor of a trust described in s. 733.707(3), or a beneficiary as defined in former s. 737.303(4)(b) of a trust which owns a unit, parcel, or mobile home shall be deemed a member of the association and eligible to serve as a director of the condominium association, cooperative association, homeowners' association, or mobile home owners' association, provided that said beneficiary occupies the unit, parcel, or mobile home.

My 2 cents worth is YES!. It happens all of the time these days with owners establishing revocable trusts. The Statutes also allow for it.

Thanks Donna and Carol

Hope we could have used this to get rid of our dictator """

Des

Desmond,

I chuckle at your "dictator" comment. Having been on a Board, I know both sides of HOA governing. Yes there are Dictators and those who should not be on Boards. But who put them into office? Who is watching the store? Where are all of the members when it comes to volunteering to do jobs for the community, who goes to the meetings? The list could go on and on.

I will tell you who. It is the ones who have " A " personalities, the ones who seek glory or punishment, whichever comes first. Ones who want to make a better place to live, sometimes by brute force and according to their own standards and they can do this because of the complacent or indifferent attitude of those in the HOA. The attitude of "if It does not affect me directly, then why should I care". So rise to the top and down with the Dictator!!!