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GlenL
(Ohio)

Posts:3526

03/03/2010 1:49 PM
obert, you’re over thinking it. The Board member can be an owner. If the owner has a souse not on the deed they can serve or if it’s owned by a corporation or LLC somebody involved with the Corp or LLC can serve. If memory serves me Donna once spoke of having a Corporation for her rental properties, would you deny her the right to serve just because her name might not be on the deed? Some states also allow a trustee of a trust who is not a beneficiary to serve.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

RobertR1
(South Carolina)

Posts:5164

03/03/2010 5:23 PM
Glen, Whatever you say.

RichardP13
(California)

Posts:824

03/03/2010 6:05 PM
In our case, the CCR's state that an owner has to be the owner of record, which is individual(s) recorded at the County and members are the owners. A spouse or domestic partner may have security interest in the property through the Deed of Trust, they are not technically responsible or obligated to pay the mortgage or association dues. Thus, either a spouse or domestic partner is more than welcome to serve on a committee of their choosing.

MaryA1

Posts:0

03/04/2010 8:55 AM
Richard, I believe that is the way it is in the majority of HOAs. One thing to note though is that if a corp is the owner of record, an officer or designated rep of the corp may serve on the board as a rep of the owner -- the corp. So, it's not just individuals that may own property in the assn. And, yes, property owners are automatically members of the assn. Who's name the mortgage is in has no bearing on this whatsoever. In AZ the Deed of Trust is the mortgage!

RichardP13
(California)

Posts:824

03/04/2010 10:46 AM
Mary, I would check again on the mortgage being the deed of trust. The deed of trust is not the same as a grant deed. The deed of trust is security for the lender for payment of the promissory note. The names on the grant deed and the promissory note should be the same as they are the official owners of the property. Title and ownership are two different legal terms. If a corp owns property in our community (which at the time they don't) we would cross that bridge then.

MaryA1

Posts:0

03/05/2010 6:37 AM
Richard, Hate to dispute your word, but in AZ the mortgage is called a deed of trust.

RichardP13
(California)

Posts:824

03/05/2010 8:10 AM
Mary An HOA would be concerned about 3 documents, Promissory Note, Deed of Trust, Security Instrument or Mortgage (depending on the state)and the Grant Deed. The Deed of Trust, Security Instrument or Mortgage only holds the property as security for the holder of the Promissory Note(s) or Promise to Pay. The Grant Deed when recorded with the specific county will contain the owners(s) of said property which in turn an HOA would use for billing purposes and voting rights. The names on a Deed of Trust may or may not be the owners, only person having an interest in said property. Usually, a spouse would be left off the Note/Grant Deed because they couldn't qualify for the loan based usually on their credit score, but still by law, especially in community property states, having a security interest in the property. On a side note, I am very surprised that the courts would allow an HOA to foreclose on a home within an Association when the HOA doesn't have any specific legal rights to that property via a signed document by the owners and the association recorded within the county of the property. I reviewed all my loan documents and have nothing from this association. I didn't have contact with the Association/PM for 3 month after my wife and I moved in. We didn't get any of the Association documents before we purchased either. I'm sure there are a number of other individuals who bought into HOA's less knowledgeable than myself. FYI, I happen to be a Mortgage Banker

MaryA1

Posts:0

03/06/2010 7:08 AM
Richard, I don't know about CA, but in AZ there is a state law stating "the assn has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due." The statute then goes on to talk about late payments, judgments and foreclosure. This info can also be found in the assn's CCRs. This is what gives the assn the right to foreclose and this is why the Courts allow the foreclosure. However, in many states nonjudicial foreclosure are allowed meaning the Courts do not even get involved in foreclosures. In AZ judicial foreclosure of HOA properties are required. In state law or the CCRs there is no mention of the assn being required to have a signed and/or recorded document from the property owner(s) granting the assn the legal right to foreclose. The fact that you did not recieve any of the gov docs b/4 you purchased has no bearing on anything. Even if there is state law stating these docs must be given to a potential buyer, I doubt that state law says that if the docs are not received b/4 closing the member doesn't have to abide by the CCRs or is not required to join the HOA, etc. The fact that you purchased the property means you are automatically a member and subject to the deed restrictions and all other provisions of the CCRs. Those CCRs include provisions on foreclosure, I'm sure.

BrianK1
(Colorado)

Posts:51

06/26/2010 4:14 PM
Posted By RogerB on 02/28/2010 8:40 AM Yes, have done this and am currently in the process of doing it once more. This type amendment is referred to as "amended and restated Declaration of CC&Rs" since it requires a rewrite of the entire document in order to simplify. I suggest not doing it until there are other items which need to be changed - added and/or deleted. Does that work become your intellectual property?

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