Condo Rights of Heirs in Georgia

Hi,

I'm on the condo board of a 72 unit complex in Georgia. One resident would like to run for the board but the condo is still in the name of her deceased mother. The mother left a will naming our resident as executor. The estate hasn't gone to probate yet. Our bylaws say:"The vote of the owners of a corporation or other legal entity shall be cast by the person named in a certificate signed by the agent of such corporation or entity, or by a general partner of a partnership, as the case may be, and filed with the Secretary of the Association." Our resident has 2 siblings. GA law says that as soon as the decedent dies, the heirs are the immediate owners of the decedent's property and liable for all assessments and fees.

Question: Am I correct in concluding that since our resident is an owner, she has voting rights and can run for the board as long as she gives us a written statement stating that she is the executor of her mother's estate and an heir to the property? The mother's death notice includes our resident as a daughter.

Any help you can give us will be greatly appreciated.

Many thanks.

Hi Daniel

Mother's estate is a entity that was formed as a matter of GA law upon her death = Legal Entity. Executor = Agent of that Legal Entity.

Seems to satisfy the specific language of your voting requirements.

Question: Are there any other requirements to run for the board?

Might want to check with a lawyer, but seems you've got it covered.

Daniel

I am not nor do I play a lawyer.

As others said, it seems you have it covered. Do it and let anyone that objects do what they have to do. Easier to defend then initiate.