Title verification to change restriction?

The BOD is trying to revise a restriction in our community. We have discussed this with an attorney. We believe we can get the votes to bring about the changes we want. Problem is lawyer is telling us we need to also run a title search on each homeowner to verify voting member is actual owner. Is this a WI requirement or SOP for any changes requiring member vote?

Steve:

Thank you. Came to same conclusion. Just needed another opinion.

Aside from the difficulty in getting the data, what would be the argument in favor of an association not knowing who its members are?

Assessor's records are often easier to access and have the added bonus of giving you a mailing address. The problem is that the assessor is in the tax collection business and not in the business of keeping track of all owners. I have seen a number of situations in my own association where there are multiple owners for a property but only one is named on the tax records. I doubt that a person could persuade a court to recognize him as the owner solely because the assessor sends the tax bill to him.

If your recorded documents are not available online or not easily searched online, it may pay to make a visit to the records office and ask for help. You should know already have some information, such as the name of the subdivision, that may narrow down the search. You should already know how many parcels/lots are in your subdivision. You do not need to know every change of ownership that has ever occurred, just the most recent warranty deed or special warranty deed for each lot.

Nothing to it! Piece of cake!

The concern is if one believes that both spouses are on the deed (thereby members) but in reality only one is actually on the deed, then there is a risk that a non-member may sign the document. If that happens, it's possible to have the amendment overturned if challenged and only the minimum number required was achieved.

TimB4;

DITTO