Quote:
Posted By LarryB13 on 04/11/2016 11:43 PM
Posted By NpS on 04/11/2016 7:15 PM
Posted By LarryB13 on 04/11/2016 6:16 PM
I do not know about California, but in AZ a quitclaim deed is not a deed of conveyance. I can surrender my interest in real estate by quit-claiming to another person whose name is already on the deed but I cannot convey my interest to a third party via a quitclaim deed.
No such prohibition on quitclaim deeds in many Eastern states.
Of course, title insurance won't be available.
Quitclaim deeds are not prohibited in Arizona; the statutes even provide a model to follow for writing your own.
The problem is that they are used improperly, mostly by do-it-yourself sellers who find these pre-print forms at the mailbox stores. The problems start when the buyer, maybe years after the sale, tries to obtain some sort of mortgage or loan against the property.
If it's not prohibited, then I suspect that you should revise your statement that it's not a conveyance. If the grantor had rights, those get conveyed. If not, no.
But getting back to the OP's issue, here are my thoughts:
1. Each unit owner is entitled to vote and to sit on the board;
2. If there's only one person who claims these rights and her name is on the deed, then a quitclaim deed is good enough for us;
3. If more than one person claims the right to vote and sit, we'd look to the state statute on multiple people claiming voting rights for guidance.
My point is that I don't think we have the right or responsibility to decide the "quality" of the deed.
I would apply the same thinking if the deed was in the name of a corporation or trust, but no individual names on the deed. We have statutes saying that even though an individual's name is not on that deed, an individual can vote when there's corporate/trust ownership - so I figure that person can also serve on the board. When that person steps forward to vote or be elected, our board would accept a piece of paper (maybe as little as a letterhead and a signature that we have no way to verify) saying that she has the voting/sitting rights. We aren't going to dig into trust or corporate documents to validate the request - and especially not if only one person is stepping forward.
Sikubali jukumu. Read all posts at your own risk.