Qualifications of Directors--Unit owned by Trust

NpB (Arizona)
Posts: 605

Posted:

I'm sure some people on this forum have dealt with the issue of homes being owned by a Trust and who qualifies to run for the Board when such homes are in a Trust.

My HOA's CCR&s state "Each Director shall by an Owner or the spouse of an owner (or if an Owner is a corporation, partnership or trust, a director may be an officer, partner, beneficiary or trustee of such Owner)."

Suppose a Unit or Lot is owned by the "Jane Doe Trust" and this trust has three beneficiaries. Are the three beneficiaries' spouses permitted to run for the Board?

MarkW18
Posts: 1,290

Posted:

Seriously, you some common sense!

If the owners are John and Jane Doe, either one can run for the board.

If the trust names Manny, Moe and Jack Doe, then either Manny, Moe, or Jack can run. The spouses could run IF they were listed as the beneficiaries.

MarkW18
Posts: 1,290

Posted:

***REVISED***

Seriously, use some common sense!

If the owners are John and Jane Doe, either one can run for the board.

If the trust names Manny, Moe and Jack Doe, then either Manny, Moe, or Jack can run. The spouses could run IF they were listed as the beneficiaries.

NpB (Arizona)
Posts: 605

Posted:

Quote:

Posted By MarkW18 on 03/05/2020 11:00 AM
Seriously, you some common sense!

If the owners are John and Jane Doe, either one can run for the board.

If the trust names Manny, Moe and Jack Doe, then either Manny, Moe, or Jack can run. The spouses could run IF they were listed as the beneficiaries.

I have a plethora of common sense. The language is ambiguous. Obviously, if an owner is Jane Doe, then John, her husband can run. However, the language does not clearly specify if spouses of beneficiaries are eligible to be a Director.

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By NpB on 03/05/2020 11:10 AM

Posted By MarkW18 on 03/05/2020 11:00 AM
Seriously, you some common sense!

If the owners are John and Jane Doe, either one can run for the board.

If the trust names Manny, Moe and Jack Doe, then either Manny, Moe, or Jack can run. The spouses could run IF they were listed as the beneficiaries.

I have a plethora of common sense. The language is ambiguous. Obviously, if an owner is Jane Doe, then John, her husband can run. However, the language does not clearly specify if spouses of beneficiaries are eligible to be a Director.

REALLY????

Don't you check who is on title, that is the real owner. Just because you're married, doesn't make you an owner of real property!

NpB (Arizona)
Posts: 605

Posted:

Quote:

Posted By MarkW18 on 03/05/2020 11:24 AM

Posted By NpB on 03/05/2020 11:10 AM

Posted By MarkW18 on 03/05/2020 11:00 AM
Seriously, you some common sense!

If the owners are John and Jane Doe, either one can run for the board.

If the trust names Manny, Moe and Jack Doe, then either Manny, Moe, or Jack can run. The spouses could run IF they were listed as the beneficiaries.

I have a plethora of common sense. The language is ambiguous. Obviously, if an owner is Jane Doe, then John, her husband can run. However, the language does not clearly specify if spouses of beneficiaries are eligible to be a Director.

REALLY????

Don't you check who is on title, that is the real owner. Just because you're married, doesn't make you an owner of real property!

The language is in the CC&Rs is ambiguous. My contention is that a spouse of a beneficiary is ineligible, because the language specifically mentions a beneficiary, but not the spouse.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By MarkW18 on 03/05/2020 11:24 AM

Posted By NpB on 03/05/2020 11:10 AM

Posted By MarkW18 on 03/05/2020 11:00 AM
Seriously, you some common sense!

If the owners are John and Jane Doe, either one can run for the board.

If the trust names Manny, Moe and Jack Doe, then either Manny, Moe, or Jack can run. The spouses could run IF they were listed as the beneficiaries.

I have a plethora of common sense. The language is ambiguous. Obviously, if an owner is Jane Doe, then John, her husband can run. However, the language does not clearly specify if spouses of beneficiaries are eligible to be a Director.

REALLY????

Don't you check who is on title, that is the real owner. Just because you're married, doesn't make you an owner of real property!

It does in Ohio. If you're legally married to a person whose name is on the deed, you are considered an owner even if your name is not on the deed. Gotta be legally married, though.

As for the original question and assuming that's the exact language, I think it's pretty clear: it does not mention spouses of officers, partners, beneficiaries or trustees, so no (because these are agents of the corporate owner, not owners themselves).