prove of home ownership

Started by PeterR4 • 3 replies • 1075 views

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PeterR4 (Arizona)
Posts: 9

Posted:

Our HOA just completed a impeachment /recall petition The recall petition was successful.During the special meeting on 13 December 2008 a question was raised about a legality on a board members home ownership.I am also a board member and have in my possession a Maricopa County Tax Report.In this report it states that the owner(board member) has sold his property on the 12 of December 2008,and a new owners name is on the same Tax Report.Our special meeting was held on the 13 of January 2009.I reminded the board member that he is no longer a home owner in our community and need to resign his position on the board.The total membership was informed by him,that he had re-purchased the home a few days after 12/12/2008.It was requested to him that he needs to provide prove to the HOA that he is still a home owner in good standing.He refused to provide us with the register documents.What recall or rights does our HOA have?What steps can be taken to remove him of our board of Director's?Should he not comply with our request?Please help as it is already a battle and it is not a pleasant one. Thanking you in advance Peter

RogerB (Colorado)
Posts: 5,067

Posted:

Peter, first check your Declaration and/or By-laws to make sure a Board member needs to be a homeowner. Many Declarations do not require this because the developer who wrote the Declaration wants the Board to consist of his friends who may not be owners. If only owners may be Board members and if the county does list him as an owner then the Board can request he provide proof or else resign. Failing to do either the Board may declare him ineligible to serve on the Board.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By PeterR4 on 01/14/2009 10:34 AM
Our HOA just completed a impeachment /recall petition The recall petition was successful.During the special meeting on 13 December 2008 a question was raised about a legality on a board members home ownership.I am also a board member and have in my possession a Maricopa County Tax Report.In this report it states that the owner(board member) has sold his property on the 12 of December 2008,and a new owners name is on the same Tax Report.Our special meeting was held on the 13 of January 2009.I reminded the board member that he is no longer a home owner in our community and need to resign his position on the board.The total membership was informed by him,that he had re-purchased the home a few days after 12/12/2008.It was requested to him that he needs to provide prove to the HOA that he is still a home owner in good standing.He refused to provide us with the register documents.What recall or rights does our HOA have?What steps can be taken to remove him of our board of Director's?Should he not comply with our request?Please help as it is already a battle and it is not a pleasant one. Thanking you in advance Peter

Peter,

You can also check the Maricopa Recorder's website (www.maricopa/Default.aspx)for copies of the warranty deeds for this property. The warranty deeds will show the names of the buyer and seller. I'm not sure how long it takes to post this info, but if it's too early for a Dec 15 closing you can visit the recorder's office to obtain copies. I'm curious to know how it was that the board did not know about these sales. Were they "for sale by owner" transactions? Even if there was no R.E. agent involved, the title clerk should have contacted the board for disclosure and assessment info.

If, after checking your bylaws, as Roger suggested, it is determined that only assn members can be board members, then you will have to follow the recall procedure AGAIN!

PeterR4 (Arizona)
Posts: 9

Posted:

Thank you Roger.Yes we have in our by-laws stating that you have to a home owner and in good standing.He mad a motion to change the by-laws that only permanent resident's would qualify to be nominated to the board.That would eliminate many snow bird's in AZ. Thank you again Peter

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