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Started by WilliamD • 1 replies • 1502 views

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WilliamD (Virginia)
Posts: 13

Posted:

Our Governing Documents define a Member as anyone owning a lot in the HOA. In a number of cases the legal owner of a lot is a Revocable Trust created for Estate Planning purposes and the creator of the trust is the Trustee of that Revocable Trust.

Can the Trustee cast a vote at the Annual Meeting where only Members are entitled to vote?

If the Bylaws require that members of the Board of Directors be Members of the Association is the person who created the Trust, i.e. the Trustee, eligable for election to the Board?

Also, if the Bylaws require that members of the Nominating Committee be Members of the Association is the person who created the Trust, i.e. the Trustee, eligable for election to the Nominating Committee.
Thanks,
Bill

RogerB (Colorado)
Posts: 5,067

Posted:

William, I consulted with another DARCO agent on this. She said it is owned by the person it would revolk to and might depend on the conditions under which it could be revolked. So I would guess that if the Trustee is the person it would revolk to then they are entitled to have all the privileges of any other owner. Not a legal opinion but might be use for the purposes you mentioned.

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