EdwinW
Posts: 5
Posts: 5
Posted:
can you be a hoa president if your home is under a corporation??
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hoa president name is not on her home!
Started by EdwinW • 26 replies • 1443 views
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TracieS (Colorado)
Posts: 460
Posts: 460
Posted:
What do your Bylaws/Articles/CCRs say?
In MY association, the BOD must be members of the association (on the title). The BOD appoints officers, but only the Pres and VP must be members of the association.
Every association is different, so pull out the mountain of documents you received when you purchased your home and see what they tell you.
In MY association, the BOD must be members of the association (on the title). The BOD appoints officers, but only the Pres and VP must be members of the association.
Every association is different, so pull out the mountain of documents you received when you purchased your home and see what they tell you.
EdwinW
Posts: 5
Posts: 5
Posted:
hmmm, thank i' ll look into that. As far as we know a year ago the house was in her husbands name, and now it under a corporation(llc).
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
I don't see why not. If you are an officer or member of a corporation, then you may be the designated person to represent the corporation. Therefore you would be the designated member. (SOMEONE has to)
Does the president LIVE in that home? Maybe not being a resident of the HOA may have some bearing on whether or not she can serve on the board.
Does the president LIVE in that home? Maybe not being a resident of the HOA may have some bearing on whether or not she can serve on the board.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Edwin,
Dollars to dough nuts your association will consider a corporation as multiple owners. In most cases of multiple owners, given that there is no conflict in your documents and multi owners are recognized, and how can they not be, then, the corporation or the multiple owners can elect any member that has interest in the corporation. If a Bank repossess a property and retains the title, they will appoint a representative of the bank to hold the vote. As a vote holder I doubt you would be restricted in any way from holding office and would be counted as one of the total votes of the organization. Many homes.units, lots, are owned by husband and wife and if the documents state one vote per unit, the husband and wife, four brothers, six sisters have to elect one member to vote the vote. That member could serve as an officer or anything else. Now your documents could makes exceptions or differences to what I posted, so, look at you documents.
Dollars to dough nuts your association will consider a corporation as multiple owners. In most cases of multiple owners, given that there is no conflict in your documents and multi owners are recognized, and how can they not be, then, the corporation or the multiple owners can elect any member that has interest in the corporation. If a Bank repossess a property and retains the title, they will appoint a representative of the bank to hold the vote. As a vote holder I doubt you would be restricted in any way from holding office and would be counted as one of the total votes of the organization. Many homes.units, lots, are owned by husband and wife and if the documents state one vote per unit, the husband and wife, four brothers, six sisters have to elect one member to vote the vote. That member could serve as an officer or anything else. Now your documents could makes exceptions or differences to what I posted, so, look at you documents.
EdwinW
Posts: 5
Posts: 5
Posted:
yes she lives there, i have to read bylaws thoroughly.
EdwinW
Posts: 5
Posts: 5
Posted:
thanks rob, i have to do my homework..
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Having a "Corporation" name has nothing to do with the ownership of the home. Who is on the Title is all that counts. Because we had 4 rental properties, I was considered "Daybreak Holdings Corp" and my home was part of that. It's is the name on the title and nothing else.
JordanW1 (New York)
Posts: 4
Posts: 4
Posted:
how do you find out who is on the deed...
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Register of Deeds office or County tax assessors office should have a website. Key in the address and all should appear.
TracieS (Colorado)
Posts: 460
Posts: 460
Posted:
Yes, the info should be on the website. If you want an "Official" record of who's on the deed, you may need to pay for a copy from the physical office.
My hubby and I added my name to the title/deed (Quit Claim Deed) over 3 years ago, but my name does NOT appear on the county's website. It's only updated every so often.
My hubby and I added my name to the title/deed (Quit Claim Deed) over 3 years ago, but my name does NOT appear on the county's website. It's only updated every so often.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Jordan,
Here in Jacksonville, FL I go to their website, then property appraiser, then property search and put in the street addresss. Up pops all the info you would need.
Here in Jacksonville, FL I go to their website, then property appraiser, then property search and put in the street addresss. Up pops all the info you would need.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
I've made use of this system twice when I wanted to purchase a property since it also shows the last date of sale and what they paid for the proprrty.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
As usual, individual mileage may vary.
Our governing documents allow for non-HOA members to be on the board and to hold office on the board.
Our governing documents allow for non-HOA members to be on the board and to hold office on the board.
MarianneG (Indiana)
Posts: 170
Posts: 170
Posted:
I find this entire discussion to be very interesting. The original question and all the responses have to do with the "legality" of a person being president of an HOA if her name is NOT on the home and a corporation's name IS on the home.
I think the legality of the matter is less interesting than what may be the the underlying reason for the concern. Is it strictly a matter of compliance with a law or the CCRs or is something else driving the question?
I think the legality of the matter is less interesting than what may be the the underlying reason for the concern. Is it strictly a matter of compliance with a law or the CCRs or is something else driving the question?
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
MarianneG,
I think the legality of the matter is less interesting than what may be the the underlying reason for the concern. Is it strictly a matter of compliance with a law or the CCRs or is something else driving the question?
****************************************
I have read a ton of these things and I don't really recall that any thread I have read did not have something else driving at least part of it.
As you know there is an almost universal habit for folks to post and not provide all information that needs to be known concerning their post. Nature of the beast. So those responding usually make leaps of faith that they have a grasp on the problem and reply. All done in good faith. It might be ten posts later that information surfaces that can make your first reply redundant or worse. And in spite of how long the posts are, you may never know all you need to know.
Lots of times folks post to tell you something as much as ask you something. Nature of the beast.
Now get back to answering more posts, you do a good job.
I think the legality of the matter is less interesting than what may be the the underlying reason for the concern. Is it strictly a matter of compliance with a law or the CCRs or is something else driving the question?
****************************************
I have read a ton of these things and I don't really recall that any thread I have read did not have something else driving at least part of it.
As you know there is an almost universal habit for folks to post and not provide all information that needs to be known concerning their post. Nature of the beast. So those responding usually make leaps of faith that they have a grasp on the problem and reply. All done in good faith. It might be ten posts later that information surfaces that can make your first reply redundant or worse. And in spite of how long the posts are, you may never know all you need to know.
Lots of times folks post to tell you something as much as ask you something. Nature of the beast.
Now get back to answering more posts, you do a good job.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Edwin,
Some assn docs only allow members (property owners) to serve on the BOD; while others allow non-members to serve. Which category does your assn fall into?
But regardless, IMO, if she is the agent of that corp then she would be eligible to serve on the board. Legally the corp is the owner of the property, however a corp is not a person; therefore a member of the corp (usually an officer) would be designated to be the agent to handle matters for that particular property. This "agent" would have the same rights as any other member of the assn.
Some assn docs only allow members (property owners) to serve on the BOD; while others allow non-members to serve. Which category does your assn fall into?
But regardless, IMO, if she is the agent of that corp then she would be eligible to serve on the board. Legally the corp is the owner of the property, however a corp is not a person; therefore a member of the corp (usually an officer) would be designated to be the agent to handle matters for that particular property. This "agent" would have the same rights as any other member of the assn.
EdieL (Virginia)
Posts: 86
Posts: 86
Posted:
Mary, you are right. A corporation is a legal entity and there will
be someone on the corp. docs. that has the authority to speak and
sign documents. If she is that person and lives in the home, then I
don't see what the problem would be. We have homeowners that their
homes are titled in a living trust. The makers of the Trust are the
owners.
Edie
be someone on the corp. docs. that has the authority to speak and
sign documents. If she is that person and lives in the home, then I
don't see what the problem would be. We have homeowners that their
homes are titled in a living trust. The makers of the Trust are the
owners.
Edie
TracieS (Colorado)
Posts: 460
Posts: 460
Posted:
I have two owners who own a total of 7 properties between them. They are both elderly, and they have all their assest in a living trust. They have communicated to me who is the "trustee" to send documents to.
So, while their names are not on their homes, the Trust's name is. I even have one trustee on the BOD.
It's so funny to me that this (and so many other) conversations continue looong after the original poster leaves the discussion!
Like someone else said...us HOA people really do need to get a life!
So, while their names are not on their homes, the Trust's name is. I even have one trustee on the BOD.
It's so funny to me that this (and so many other) conversations continue looong after the original poster leaves the discussion!
Like someone else said...us HOA people really do need to get a life!
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Tracie,
That is what happens in most of the threads. The OP disapears but we keep posting on! Maybe we just like to see our names in print!
That is what happens in most of the threads. The OP disapears but we keep posting on! Maybe we just like to see our names in print!
TracieS (Colorado)
Posts: 460
Posts: 460
Posted:
I just want to see the number of my posts get to 1,000!
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Yes, 1000 posts is cool, you get a very nice gift from the board moderators. Make sure they have your correct address!
I can't wait to get my 5000 post bonus gift!
I can't wait to get my 5000 post bonus gift!
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Hey, I never got my 1,000, 2,000, 3,000 or 4,000 bonus. Is it because I'm a woman?
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
Yes!
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Good Job RobertR1
If the moderator based bonus awards on the merit of some of these posts, we all might get back to 20 or 30.
If the moderator based bonus awards on the merit of some of these posts, we all might get back to 20 or 30.
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Mary, if you didn't get your bonus gift, it's probably because the board doesn't have the correct info to get it to you.
please post your name, address for shipping, and your social security number (tax purposes, of course). You might want to include your mother's maiden name, pets names, blood type, any credit card numbers, and passwords used on this site.
Yeah, that's what the problem is, i am sure.
please post your name, address for shipping, and your social security number (tax purposes, of course). You might want to include your mother's maiden name, pets names, blood type, any credit card numbers, and passwords used on this site.
Yeah, that's what the problem is, i am sure.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Brian:
🎯 You've read this entire discussion
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