Legal Ownership

Started by JeanJ2 • 5 replies • 1286 views

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JeanJ2 (Texas)
Posts: 1

Posted:

I just stepped down after 6 yrs. on the board of a HOA. The new president is refusing to send any communications to me. At our last meeting where new board members were elected she stated I was not an owner although I presented two Sworn Affidavits, from my son who lives in NV and myself, who resides in the townhouse, in TX,saying we are co-owners. She said unless they are filed with the county they are not legal and do not show proof of ownership. The deed in the county records is in the name of my son and his wife. However, we bought the place together and have legal papers between us to show this. What is the correct answer.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

the recorded deed is what counts .... sorry, but true

you and your son (and his wife) need to record a new deed ... good luck

GlenL (Ohio)
Posts: 5,491

Posted:

Either get your name on the filed deed or have your son or his wife request the documents. Just curious what would happen to you if your son divorces his wife since your home is their marital property? Just saying, somethings that look good on paper can come back to bite you. We had a rather wealthy lady locally who would put the majority of her property in her son's name while she divorced her then current husband and transfer it back when the divorce was finalized. Everything went swell until the last time when his friends convinced the son that he didn't need to transfer it back.

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

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jean,

If you are, in fact, a legal owner of the property your name should be on the deed. Perhaps you and your son entered into an agreement -- whether or not any $$$ exchanged hands, but if the deed was not changed to include your name then, legally speaking, you are not an owner of the property.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jean,

Could you please explain to us what you mean in the statement of " THE NEW PRESIDENT IS REFUSING TO SEND ANY COMMUNICATIONS TO ME" What kind of communications? If you are not the owner and you have said that your name is not on the deed, then you are not the owner dispite the fact that you live in the unit and have your son's statement. That would not hold up in any arguement with a Judge on any case.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Jean,

Your son could get a power of attorney for you to act as his representative to the Association. As the legal representation, you would have the rights as the owner until the poa is removed. However, this can also make it very confusing for the Association. Therefore, do not expect them to send something to both you and your son. This creates additional costs and is not really their responsibility. They need to deal with one entity.

My recommendation is the same as others, whomever is living on the property or managing the property should be the primary contact for the HOA. It would then be the responsibility of the one owner to inform the other owner/s.

Tim

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