Home ownership in a Condo Assn HOA

Started by BobM28 • 5 replies • 337 views

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BobM28 (Texas)
Posts: 1

Posted:

In Texas, supposedly the name on the title proves homeownership, which allows that person voting rights, our BOM president has said that if the husband's name is the only name on the title, the wife can vote and be elected to the BOM. He states that this is based on legal advice. Any thoughts

AugustinD
Posts: 3,698

Posted:

To answer your question requires knowledge of community property (a.k.a. spousal) law in Texas. More information is also needed, like whether the property was acquired before marriage or after marriage. I can say this much:

Per statute, non-condo Texas HOAs do not allow husband and wife to serve on a board simultaneously. But the Texas condo statutes appear to be silent on the point.

The unit has the right to cast a vote. Short answer regarding voting: The husband and wife have to decide together (or fight over as needed) how they want a ballot for their unit filled out.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Maybe some helpful info.

You’re Married. You’re Not on the House Title. What Are Your Rights?

As Augustin said, it looks like Texas is a community property state, and property acquired before marriage is not community property - ie., the non-deeded spouse would not be an owner.

So is there anything in Texas's condominium law that says otherwise, and which law overrides the other? A lawyer who is versed in HOA/COA law would know these things, but we don't know if the board president consulted such a lawyer or just talked to his brother's son-in-law who is in law school.

Also note: even if a spouse is not an owner, it may be possible for the owner to designate the spouse as a proxy and allow the spouse to cast the vote. But the proxy would not grant any right other than casting the vote. It would not allow the non-deeded spouse to serve on the board (assuming board membership is limited to owners, which is the norm).

(Usual disclaimer: I'm not a lawyer.)

MaxB4
Posts: 3,513

Posted:

This is from an article in Florida

https://www.floridatoday.com/story/news/2019/02/15/whose-name-deed-partner-spouse-matters-lot/2879479002/

This was our lawyer's opinion in California

Spouse Not On Title (Community Property). A spouse not on title does not have the right to vote in elections or run for the board by virtue of being married to someone who is on title. When it comes to real estate, rights flow to a person on title. Those with community property rights may, at a later date, have claims to equity in the property. In California, most property acquired during marriage is owned jointly by both spouses and is divided upon divorce, annulment, or death. While community property might be presumed, such rights are not guaranteed:

A prenuptial agreements may have been signed;

Real property may have already been separately owned and a newly acquired spouse would have no rights to the property; or

After marriage, real property may have been acquired as sole and separate property using separate funds.
Although a non-owning spouse is not a member and cannot vote in membership elections, he or she can use common area recreational facilities as a resident family member of the spouse on title. The non-member spouse can also attend board meetings unless the board has a strict policy of members-only attendance.

BenA2 (Texas)
Posts: 1,273

Posted:

Unless your governing documents define ownership, such as, "the person listed as owner in the county records," I would treat the wife as an owner as long as the husband and wife both claim she is an owner. I do not see a problem with asking for evidence of ownership if there is any doubt.

Keep in mind, "title" in real estate means ownership. There is no single piece of paper like a car title stating who the legal owner is. County records, even when up to date, are not necessarily accurate.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By BenA2 on 12/07/2021 4:28 PM
Unless your governing documents define ownership, such as, "the person listed as owner in the county records," I would treat the wife as an owner as long as the husband and wife both claim she is an owner. I do not see a problem with asking for evidence of ownership if there is any doubt.

Keep in mind, "title" in real estate means ownership. There is no single piece of paper like a car title stating who the legal owner is. County records, even when up to date, are not necessarily accurate.

When a new owner moves into a community we manage, the account is set up solely by who is on the Grant Deed. If only one spouse is listed, that person is the legal owner as far as the HOA's are concerned. While California is a community property state, ownership in a association is looked at differently. The person(s) on the grant deed are also the one(s) on the promissory note. The other spouse has absolutely no legal obligation to pay the assessments. If legal proceeding had to be taken, it would be against the person(s) on the deed, the other spouse would not be named.

IMHO, if you have no legal obligation to pay the assessments, you shouldn't be allowed to sit on a Board. Have no issue with sitting on committees.

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