who qualifies to run for office

When I married I did not change my last name. My husband, because of a medical problem, bought me a double wide and put it in my name.

The park required us as husband and wife sign a lease which identified us as owner/tenants.

It has been the long standing practice of the HOA to take the list provided by the Park to give membership to the HOA. Because our names differed someone objected to us running for office after my husband ran and was elected a board member.

They went to the title bureau (they have never done this for any other member) and found my name is the only name on the title. This individual wants him removed from office. Just recently two board members resigned for health reasons. Seems while they held office, they were not on the title to their home. They had transfered it to their children. In the past a man and woman lived together not married, she was the only one on the title, and he served a full term on the board.

First of all, I say its discrimination to check just us and not one of the other 200 members.

Second, I believe they have already set a precedent of accepting as gospel what
names the Park gives as the owners.

Third, they dont ask to see anyones lease, certificate of title, of marriage certificate but we had all this information aired to the community.

Can the HOA, Officers in particular, be sued for discrimination,inconsistent application of rules, and invasion of privacy.

Is there a marital rule that married people who acquire property while they are married that says marital assets are co-owned?

NEED SOME CLARIFICATION BEFORE THE JANUARY ELECTIONS.

The bylaws never defined what constitutes bona fide owners except by the practice
of accepting what the Park office provides as a list. The lease we signed states
my name as owner along with my wife.

Is it discrimination to check only those who have been challeged. If I challenge all 220
certificates, and they do not check their ownership, what thenN We have a very important
meeting coming up the first week of January.

Oops,

I have no idea where the name Fred came from.

Maybe I need to clean my glasses.

I intended to say Bruce.

Bruce,

I do see your point. I really do.
My Association has never checked either and we are over 30 years in existence. I know for a fact that we have one member who has dementia and her son exercises her vote and making the payments. Why does the Association allow this to happen, because we are of the understanding that he is acting as her guardian. If anyone ever challenged the vote, there may or may not be issues do deal with. However, the Board accepted his word and did not ask for verification.


It's possible that the deed passed on to the kids upon death or that they are acting as the executor of the estate.


I know that their are several ways to place someone's name onto a deed. Based on my experience with tax implications, I suspect that they didn't just give them the house while they are still alive (although they might have)

Based on what you posted, as a member, you have a right to challenge their ability to serve on the Board. If the board doesn't want to entertain the challenge, then you might need to contact an attorney and go through the courts for the challenge to be heard.


They don't have to invade privacy. They just have to check with the local courthouse. If you are going to challenge the election, you might want to check with the courthouse and have a copy of the deed in hand when you make the challenge.


Yep, two different standards for two different people can certainly be frustrating and should not happen. However, human nature is human nature and I suspect this will always happen.


Sounds like you might need to change the governing documents so there are enough candidates. Even if people are appointed to vacancies by the Board the individuals must meet any requirements within the governing documents.

Perhaps you could submit your name to serve on the board and solicit proxies to make sure you have enough votes to be elected. This way, you can make positive changes from within, avoiding the time, energy and expense of court costs.

Again, I do understand the point you are making. I also agree that it's wrong. However the only way to change it is to either become involved with the running of the Association or to consult an attorney and challenge the process hoping those who do volunteer to serve will make the necessary changes.

Personally, I chose to get involved.

Tim