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KarlA1 (Florida)
Posts: 84
Posted:
Hi everybody:

I have a question regarding the definition of the word homeowner.
I live in Florida and our governing documents say that only homeowners can be a Director on the Board.
Now my question is following:
My wife bought the townhouse before we got married, so she is on the deed. According to Florida law I own half of the house since we are married. Does that make me a homeowner and qualify me to run for a position on the Board? Our governing documents DO NOT state that the person has to be on the deed. It only states that the person running for a position on the Board has to be a homeowner, which I am according to the Florida law.

We are governed by Chapter 720 of the Florida Statutes; we are a Homeowners Association and not a Condo Association.

Thank you for your input.

Cheers
Karl

Cheers
Karl
MicheleD (Kentucky)
Posts: 4,491
Posted:
In our little corner of the world we define/clarify a homeowner as the owner of record on the deed. So, yes, in our neck of the woods, you would have to actually be listed on the deed to be considered the "homeowner" that is eligible to be on the board, if our governing documents restricted directors to association members.

If you are not listed on the deed, you are not a member of our association, even though you may be married to the person listed on the title/deed. If you're name isn't on there with him/her, then you are not a qualified owner/member of the association.

However, our directors are not required to be association homeowners/members, so a spouse of a member could run for our board of directors.

GlenL (Ohio)
Posts: 5,491
Posted:
Karl somewhere in the CC&R's there should be a definition of member. More than likely as Michele pointed out it is the name on the deed. So unless 720 makes allowances for spouses you are not eligible to run. Sometimes if the house is owned by a corporation or a trust they have to allow either an employee of the corporation or a trustee.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Karl,

When you say, "According to Florida law I own half of the house since we are married", is that because FL is a community property state? If yes, that only means that you have claim to half of her home (a and perhaps other assets she owns), it doesn't mean you "own" half of the home. The owner of property is the person whose name is on the deed. I would be surprised to learn FL law says you are an "owner" of your wife's property. If you are serious about running for a board position, perhaps you can convince your wife to add your name to the deed of "her" home.

My assn CCRs states ". . .each and every Owner automatically shall be a Member of the Assn" and that ". . .the association has received written notice and is provided satisfactory proof thereof in the form of a recorded Deed or rcorded transfer of title." In other words, to be an "owner" your name must appear on the deed to the property or on a recorded transfer of title. If you research your CCRs (look under membership) there should be a like article.
KarlA1 (Florida)
Posts: 84
Posted:
Mary:

I think you are right. I can claim half of the house, but legally might not be considered an owner. We have never thought about putting my name on the deed, because our relationship is very good and I don't have a problem with that, but the way it looks, we might have to do that if I want to run for the Board of Directors.

Thanks everybody for their input. I really appreciate that.

Cheers
Karl

Cheers
Karl

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