Can this work ???

Started by MarkA4 • 3 replies • 1515 views

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MarkA4 (North Carolina)
Posts: 4

Posted:

Problem: I reside with my significant other in our home in a NC Planned Community with a incorporated HOA.

I have been an outspoken critic of the current board and there behaviors.

I wish to run for a Board seat but am precluded because my name is not on the deed to our property
and Betty and I are not married. For financial resons we do not want my name on the deed.

Our by-laws state that association membership is afforded to deeded homeowners, which I am not. It further states that directors must be association members. I am trying to see if a Proxy will afford me association membership status and would that status be sufficient for me to force the board to allow me to run for a vacant seat at the upcomming election.

Thanks in advance.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Mark,

Sorry, that won't work. A proxy designation allows you to vote for a member, not become a member.

As you know, members are defined within the Association governing documents and typically say the deeded owner of the house. Since your Association has the qualifier for Directors (must be members) the only way around it is to change the governing documents.

To change the documents either the Board must call a meeting or the membership must call a meeting. I expect that the Board would not support an amendment to remove that qualifier. Therefore, you would need to petition the membership to call a special meeting for the sole purpose of amending that document. You will also need the proposed amendment. Once you gather enough signatures to call the meeting, the petition is turned into the Board. The Board verifies the petition, calls the meeting, verifies a quorum is present, and a vote is taken. If the proposal passes, the Board files any necessary paperwork with the State/County and notifies the membership. Then at the next election, you could run.

Since most Associations don't start off with any qualifications for Directors, you might need to do some research and identify why that qualifier was put in. This way, you will be able to have answers to any challenges to the proposal.

I know that this isn't what you wanted to hear.
I hope it helps.

Tim

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Since most Associations don't start off with any qualifications for Directors, you might need to do some research and identify why that qualifier was put in. This way, you will be able to have answers to any challenges to the proposal.

Typically its put in so a group of non-owners dont control an association. An insane president could get all his buddies to run for office and control the entire association. This typically happens because residents dont want to get involved. I believe officers/directors need to be on the deeds to show ownership and believe these same people will have a greater interest in a healthy association.

Quick solution? File a new deed.

BradP (Kansas)
Posts: 2,640

Posted:

Mark

you have gotten good advice, unfortunately until you get added to the deed of the property you can't be a board member because of your documents.

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