Live in boyfriend or girlfriends....

If a person is the property owner, their name is the only name on the deed, can a live in boyfriend or girlfriend be considered a property owner.
Our bylaws state that owning property in our community is what makes you a member.

It was just brought to the attention of the board that a lady running for the board has no ownership on the house she is living in. The deed, and all the association's records are in the name of this ladies' boyfriend. Would she be considered a renter?

Any input on this topic would be greatly appreciated.
Thanks!

DeAnn, as your bylaws state, owning property in your community is what makes you a member; therefore, the NAME ON THE DEED OF RECORD truly reflects the actual property owner or owners. The 'live-in' would not necessarily be considered a 'renter'--she or he could be the 'significant other' and not necessarily pay rent.

A person MUST BE an owner/member of the HOA to run for office. The property manager should have a list of actual owners as shown on the deeds of record. Also, check your bylaws under 'executive board offices' for any age requirements to hold office.

Our documents state the the owner or spouse of an owner can be on the associations board. Since we have a number of same sex couples, I have wondered how we handle that since they cannot be legally married....what constitutes a spouse?

As for voting, the person on the legal documents would be the person who can vote or sign forms, etc.

makes me wish it were more like The Netherlands... where you can get a "government marriage" and/or a "religious marriage".

Getting the government one makes you a spouse, with full benefits. getting the religous one makes you "whatever" in the eyes of your Deity, but confers no governmental benefits.

Under that system, a man and man can get married by the state, but not by the catholic church... but they still get survivor benefits, visitation rights at the hospital, etc..

And another couple could get married in the eyes of their God, a hundred times or more, but doesn't matter to the state: they aren't hitched for benefits.

DeAnn,

Our bylaws state the same as yours, that you must be an owner of record to run for the board. Even if a legally married couple are living together in a condo, if only one has their name on the deed, then the one not on the deed, cannot run for the board. We recognize the owner of record only, that is the name on the deed.

In the case of a trust fund ownership or business ownership of the property, the HOA requires a form to be filled out by the owner of the company or executor of the trust, to define who the representative is. This only works for a deed without an individuals name. In other words, a husband listed on the deed could not sign a paper saying his wife can run for the board in his place.

We also have in our bylaws that all BOD members must be current on all dues and fees. If a BOD member falls behind, they are suspended or dropped from the board.