What constitutes home ownership?

Started by LindaW15 • 4 replies • 1330 views

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LindaW15 (Florida)
Posts: 3

Posted:

My husband and I have been married 12 years now.We purchased a home 3 years ago but becausen of his health at the time we put it in my name only.He is trying to run for a postion on the board but some are saying he is not eligible because his name is not on the title but it is on the lease and listed as owner/tenant.What is the ruling on this?In the past, there have been many persons on the board and their homes have been titled in their childrens names only.

GlenL (Ohio)
Posts: 5,491

Posted:

It depends on the qualifications in your CC&R's. If one of the requirements is that a person serving on the Board is required to be a member and a member is defined as an owner of record or on the deed etc. Then your husband would not qualify unless you put him on the deed.

Studies show that 5 out of 4 people have problems with fractions

LindaW15 (Florida)
Posts: 3

Posted:

It is not spelled out in the bylaws, it only says "bona fide owners of a mobile home located in the park."

From what I am told by the person who determines who gets the certificate, membership has been given by what the leasing office gives them. No one has ever had their title searched in the past. Since this question has not come up before there has never been a removal on these grounds. Their is a record of two woman who changed their titles (names taken off) after they were elected and they never were removed. There is a case of a board member not being marriedand not on the title (live in boyfirend) who was elected to the board and he served his full term.

After 25 years of this practice of taking the leasing office cerfied list of owners,
is this wrong to change that practice for one individual?

Should all members, in fairness to us, have their certificates of titles validated
as to who the true owners are? To do one person in 25 years out of 220 residents discrimatory.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I would like to suggest that at the NEXT election, the candidates be "vetted" as to whether or not they can even run for the board position. Then, all this can be sorted out. We have seen discussions about this same issue on this site several times.

Since your HOA has a precedent of allowing certified non-owners to be on the board, you have some history to fall back on.

But be aware that rules can be enforced at any time, including if they were not followed in the past.

I think there are other issues going on. WHY do they want to get rid of this person? Sounds like they tried to figure out a way to get him off the board and had to dig around looking for an excuse.

BradP (Kansas)
Posts: 2,640

Posted:

Linda

to answer your question, in my opinion your husband is not eligible since he is not on the deed of the property.

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