Fraudulent Transfer Conveyance By President

Our deed states you must be record owner to be a member.an incident happened a few months back,that made me look up this board members status at the register of deeds office,and showed the board member did own some units at 1 time but sold those.when I confronted the board member about this,he had no answer to give,but in January this year,his name was suddenly added to another homeowners unit.i brought this to the board of directors attention,and a week and a half later,the president steps down and the board member that added his name to another unit,is now our president.what is this,criminal or civil?bottom line is he was serving on board and was not an owner in the association.

You may need to consult with your state laws. In my state, someone doesn't need to have their name on the deed to be considered an owner as long as they are legally married to the owner (has to be a legal marriage, though - my state doesn't recognize common law spouses).

However, if it appears that people are playing games, it suggests that something else is going on.

So... are homeowners actually voting for these clowns in the annual election? How exactly are they ending up on the board? There are too many missing details here...

The CCRs and other governing documents are basically a contract between the members so any violation would be civil. Since most states done have any agency to act as "HOA Police", your main recourse would be suing.

I'm confused. You said there are two people. Man 1 was on the board but did not, at the time you investigated recently, own any property in the association. Man 2 did own property in the association but was not on the board. Once it came out that Man 1 did not own in the HOA, he got his name added (for whatever reason) to Man 2's property deed. Then Man 1 resigned and Man 2 got on the board and is now the president. Is that correct?

There is no way anyone is going to pursue anything against Man 1 unless it can be proven that he embezzled or there was some other crime. What damages were there to the association by his being on the board but not an HOA member? Yes, unethical and against the rules, but not worth paying an attorney or having the HOA spend money on it. He stepped down and that's over.

Man 2 did nothing legally wrong. You have no idea what kind of arrangment he and Man 1 have. Even if Man 1 paid him just to get his name on the deed so he could stay on the board there is no crime. That's an arrangement between Man 1 and Man 2. Ethical? Maybe not. But I can sell my property or a share in my property to anyone I want. Perfectly legal and if Man 2 is an HOA member then he can be on the board.

You need to let this one go. There's no action you can take civilly or criminally in this case.

Our deed states members only.he was on the board and was not a member.which now makes my association "welcome public,you can hold a seat as non member,against the deed.and then expose financial nonon member access to all our business.ehat about the m as the matters voted on in session?what about the fraudulent conveyance act?what about not disclosing the fact he wasn't owner?what about the fact he is authority over close to 2 million bucks a year?what about deceit?trustworthy?

I agree. Put up or shut up.

He's still president of the association.
Their is the 1 board member that still is president,his name was added to another man's unit in January of this year.i do not know if the original owner even knows,it could have been done without his knowledge.He is an older gentleman.

Dawn

Past misdeeds on the part of the person who is the President are not germane and do not preclude serving unless the misdeeds are specifically listed in the documents of your association or in state statutes as exclusions to service on the Board or as an Officer.

I suggest you lead the development and implementation of a process to vet the eligibility of a future candidate to serve as described in your documents or state statutes before he or she is listed on a future ballot.

Uhm why would a deed say that? Do you mean your CC&R's or Articles of Incorporation state one has to be on the Deed to be considered a member?

Yes.the master deed.cc&R's.

Yes.the master deed.cc&R's.

Our deed states all directors have immunity,our directors have to be member,no member,no immunity.

Are all your directors members now?

Something tells me you love controversy. When you take him to court what damages will you claim and how much will you claim it's worth? If by some miracle you win, who do you think will actually pay for it?

This is not criminal, it would be a civil suit. Are you prepared, as an owner, to hire an attorney, paid for out of your pocket, to file a lawsuit?