NL (Virginia)
Posts: 43
Posts: 43
Posted:
We have a property in our development that is owned by a trust. The person who has the trust resides in the property. It is a revocable trust that has the owner as a trustee and has another trustee also....they both must sign off on any mortgages, debts etc. that the home is used to secure....tax bills, mortgages etc, all have both of their names on it.The second trustee of the trust has expressed an interest in serving on the board. Since he is legally a trustee of the trust that owns the property can he serve in the capacity as board member.
Our documents in the first article of definitions says that "Person" shall mean and refer to any individual, joint venture, partnership, association, joint stock, trust, unincorporated organization or government or any agency of political subdivision thereof or any other separate legal entity. (Which to me reads yes to my question, since it states trust and a trust has trustee(s) that act on its behalf)
Than when you get to the part regarding the Board of Directors duties it says under Elected Directors, it says Elected Directors must be members of the Association, the spouse of a member of the Association or an officer, Director, or shareholder of a corporate member of the Association. (To me a trustee is an officer or a director)
99% of the homeowners really like the guy that is showing interest, but we have one guy who disagrees and argues about everything,(just as a side, this guy requested that the association reimburse him for a half of bag of mulch that he put on a tree in the common area, did this on his own) so we don't want to open ourselves up for a potential problem.
Has anyone else run into this type of circumstance? And if so how was it handled?
Like all lawyers, ours wants to do research on the issue...we are a small community and try to not use the lawyer until it is a matter of last resort.
Any suggestions on where to find anything regarding this or any help is appreciated.
Sorry for the length of this note.
Our documents in the first article of definitions says that "Person" shall mean and refer to any individual, joint venture, partnership, association, joint stock, trust, unincorporated organization or government or any agency of political subdivision thereof or any other separate legal entity. (Which to me reads yes to my question, since it states trust and a trust has trustee(s) that act on its behalf)
Than when you get to the part regarding the Board of Directors duties it says under Elected Directors, it says Elected Directors must be members of the Association, the spouse of a member of the Association or an officer, Director, or shareholder of a corporate member of the Association. (To me a trustee is an officer or a director)
99% of the homeowners really like the guy that is showing interest, but we have one guy who disagrees and argues about everything,(just as a side, this guy requested that the association reimburse him for a half of bag of mulch that he put on a tree in the common area, did this on his own) so we don't want to open ourselves up for a potential problem.
Has anyone else run into this type of circumstance? And if so how was it handled?
Like all lawyers, ours wants to do research on the issue...we are a small community and try to not use the lawyer until it is a matter of last resort.
Any suggestions on where to find anything regarding this or any help is appreciated.
Sorry for the length of this note.