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ConC (Arizona)
Posts: 3
Posted:
Mother in assisted living the daughter(non-owner) is living in unit. The daughter is name on a quick claim deed in case of death. The mother is living in another state, All paper transactions that pertain to the owner are sent to the owner certified mail it appears that daughter is signing her mothers name. Legality the BOD has hard time dealing with this. anyone got help
GeorgeS21 (Florida)
Posts: 3,808
Posted:
ConC,

Are you a director on your board?
LetA (Nevada)
Posts: 2,679
Posted:
The Daughter is likely the power of attorney for her mothers affairs, it is legal.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
LetA,

Let’s pretend we don’t know, rather than assuming.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Ignore the signature on the certified mail receipt.
Legality is, the issue doesn't matter unless you go to court.
Then it would only matter if the individuals claimed that they never received said letters.
Even then, the Board was working in good faith.
Of course, if the letters are being responded to, the possibility of that claim would be out the window.

If the assessments are being paid and the home is being kept up (paint, yard, fence, etc.), then who cares.

That said, I would expect that the certified letters are being sent because something isn't being done (assessments, upkeep,etc.). With the current pandemic issues and economy, I would be far more concerned in trying to work a compromise (payment plans, extra time, etc.) to address any issues then who is signing for certified mail.

LetA (Nevada)
Posts: 2,679
Posted:
What Tim Said.

It is better to assume than to stat a p!$$!ng match that is only going to cause your assessments to go up to cover your D&O insurance premiums going up.
Let it be. Until the problem becomes a nuisance, then act. Otherwise, you are asking for trouble.
SheliaH (Indiana)
Posts: 6,964
Posted:

You don't say what the problem is - "legality the BOD has a hard time dealing with this" doesn't mean anything. Is the daughter trying to cast a vote in an association election or run for the board? Has the unit been cited for a CCR violation and the daughter isn't cooperating? Are you on the board? If so, did you run this past your association attorney? If you're the daughter, have YOU run this past YOUR attorney? If not, start there - and perhaps bring a copy of the deed with you to see what it says. And maybe a durable power of attorney (if you don't have one, that may be a problem)


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Ditto what TimB4, LetA, and SheliaH posted.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By ConC on 01/18/2021 6:04 PM
Mother in assisted living the daughter(non-owner) is living in unit. The daughter is name on a quick claim deed in case of death. The mother is living in another state, All paper transactions that pertain to the owner are sent to the owner certified mail it appears that daughter is signing her mothers name. Legality the BOD has hard time dealing with this. anyone got help

If the BOD is having a hard time they do not sound like they are the sharpest knives in the draw.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Explain the actual problem. Is it because it's a non-owner living in the house? That isn't a problem or an issue for the HOA to concern itself about. Now if the owner isn't paying dues or special assessments on their property then that is an HOA issue. So explain more about why the HOA cares?

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