DaleB (Arizona)
Posts: 12
Posts: 12
Posted:
In our Arizona Planned Community we have a President who is not an owner. He is a representative of the owner. My question is, can a representative for an Owner be President of the Association.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Board Member Eligbilty
Started by DaleB • 6 replies • 1506 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Quote:
Posted By DaleB on 12/17/2015 5:48 PM
In our Arizona Planned Community we have a President who is not an owner. He is a representative of the owner. My question is, can a representative for an Owner be President of the Association.
In our Arizona Planned Community we have a President who is not an owner. He is a representative of the owner. My question is, can a representative for an Owner be President of the Association.
Yes, if the documents and state statues allowed for it.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
To the best of my knowledge, Arizona statutes do not address this issue. Therefore, if your governing documents do not limit positions on the board or as an officer, then there is no limit.
When associations are under control of the declarant, board members and officers are almost never members of the association.
When associations are under control of the declarant, board members and officers are almost never members of the association.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
So what do your docs say, Dale?
DaleB (Arizona)
Posts: 12
Posts: 12
Posted:
I have not found anything specifically that does not allow it.
G. "Owner" shall mean and refer to the record Owner,
whether one or more persons or entities, of fee or equitable or
beneficial title to any Parcel, including Trustee and Declarant.
Owner shall include the purchaser of a Parcel under an executory
contract for purchase. The foregoing definition does not include
persons or entities who hold an interest in any Parcel as
security for the performance of an obligation.
The rights and obligations of an Owner and membership in the
Association shall not be assigned, transferred, pledged, conveyed
or alienated in any way, except upon transfer of ownership of
such Parcel, whether by intestate succession, testamentary
disposition, foreclosure of a mortgage, or such other legal
processes as now in effect or as may be hereafter established
pursuant to the laws of the State of Arizona. The Association
shall be operated and conducted on a strictly
G. "Owner" shall mean and refer to the record Owner,
whether one or more persons or entities, of fee or equitable or
beneficial title to any Parcel, including Trustee and Declarant.
Owner shall include the purchaser of a Parcel under an executory
contract for purchase. The foregoing definition does not include
persons or entities who hold an interest in any Parcel as
security for the performance of an obligation.
The rights and obligations of an Owner and membership in the
Association shall not be assigned, transferred, pledged, conveyed
or alienated in any way, except upon transfer of ownership of
such Parcel, whether by intestate succession, testamentary
disposition, foreclosure of a mortgage, or such other legal
processes as now in effect or as may be hereafter established
pursuant to the laws of the State of Arizona. The Association
shall be operated and conducted on a strictly
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I think, Dale, you need to look at your bylaws where they discuss directors, elections etc. It's probably there where you'll fine "qualifications" to be a direct IF ANY. Ours require that directors must be members, that is to say Owners. But your might not.
I b;dive that a few or one poster here has written that such qualifications are in their Articles of Incorporation. (if you're incorporated and most are).
I b;dive that a few or one poster here has written that such qualifications are in their Articles of Incorporation. (if you're incorporated and most are).
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By DaleB on 12/17/2015 5:48 PM
He is a representative of the owner.
He is a representative of the owner.
In what way? In my association we had a person who purchased his property in the name of a church as some sort of property tax scam. He ran for and was elected to the board but several owners tried to raise an argument that since this person was not the legal owner of the property he could not serve. He was president of the non-profit corporation that owned the property.
State law seems to support the idea that when property is owned by a corporation, a trust, an LLC, or other artificial entity that the persons who control those entities may act as if they are the member.
If your association had a bylaw limiting board membership or holding an officer's position to property owners then it would be legitimate to question the authority of this person to act for the owner. Since you do not seem to have such a bylaw then there is nothing to be gained from such an inquiry.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here