CC&R'S & ARTICLES OF INC.

So my HOA in orlando fl has our CC&Rs as well as Articles of Inc read HOA member by Deed or other Instrument. So i want to know what does this cover ( other instrument). I have a contract agreement to purchase my home in an HOA community. I paid a very large amount as a deposit and pay monthly as a mortgage would be, but this is all privately done so no attorney fees or interest on a loan from a bank. This contract reads out my full responsibilities to the house and property it sits on. Also states my responsabilities to any and all repairs, upgrades, insurance and other control of stated property. So if this is my written contract with the plot owners, that technically makes me a silent owner and this contract would be considered as other instrument to be on the board as a member or part of the board of directors. I had a meeting with 3 members ,Vice president , another board of directors member as well as a hoa member all of them signed to a document at my home as allowing me to join the HOA and be officially sworn as the new Sitting president. Now the HOA property manager woman claims i cant be on the board cause its only home owners. Your not on the deed, I reacted with the statement CCRs read Deed or other instrument well heres my contract of agreement. Her answer is no it dont work like that. So according to what i find by florida law its up to the Board of Directors to allow membership to a person as a board member. Not the property management group hired by the Board.. can anyone bring some light to this subject issue. ( OTHER INSTRUMENT ) SO IS MY CONTRACT TO BUY THIS HOUSE COVERED AS SUCH..

OK, this is confusing.

Melissa is correct. When you buy a home that is part of an HOA, you automatically become a member of the association. You have rights and obligations as a member. These are spelled out in the CC&Rs, which is why it's a very good idea to read them thoroughly. Once you've signed on the dotted line and closed on your new home, you have agreed to be bound by the terms in the CC&Rs. This means this terms can be enforced through legal action by the HOA and often also by your neighbors.

Most community associations only allow members to be elected or appointed to the board (there are a few exceptions, but they're not the norm). Before you close on your home, you are not yet a member so you're not yet eligible to serve on the board. A signed purchase agreement is just that: a promise to buy a piece of property. Purchase agreements fall through all the time. A common reason is that the buyer is unable to obtain financing. Or the home inspection turns up some undisclosed issue, and buyer and seller can't agree on how to handle this.

The large majority of board members are elected at the annual meeting. Nobody is going to walk up to a brand new homeowner and say "Hey, neighbor! Glad to meet you! You're now the board president. Knock yourself out, buddy." That would be flat out crazy, and since board service is voluntary anyone can say "nope". And board members aren't sworn in; the election is the swearing-in.

So, long story short: if you haven't closed on your home yet, you're not a member of the HOA and you are not on the board.

I agree with Tim. If you are not shown as the owner either as an individual or corporate owner on your county tax rolls you are not an owner for the purposes of the HOA. If you do not have your name on a deed recorded with the county, then you are not an owner for the purposes of the HOA.

If your HOA does not allow non-owners on the board of directors you cannot serve - because you aren't a legal owner. You might have a land contract and eventually you will be an owner, but the person who holds your land contract does not have your name on the deed. There's no reason that you can't attend meetings because you are a "resident". Some HOAs do allow non-owners to serve on the board. Yours apparently does not.

I agree. However, the owner of the property can inform the Association to contact you concerning HOA business.
The owner can also give you their proxy for the Association. This would allow you to attend the annual meeting and cast a vote.