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Subject: Title verification to change restriction?
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Author Messages
DaveC10
(Wisconsin)

Posts:8


08/12/2013 8:53 AM  
The BOD is trying to revise a restriction in our community. We have discussed this with an attorney. We believe we can get the votes to bring about the changes we want. Problem is lawyer is telling us we need to also run a title search on each homeowner to verify voting member is actual owner. Is this a WI requirement or SOP for any changes requiring member vote?
SteveM9
(Massachusetts)

Posts:3615


08/12/2013 9:37 AM  
It doesn't sound like a legal requirement, just a good idea. A lawyer will tell you everything you "should" do, and its up to you to decide if you want to do it. Personally, I wouldn't title search each property. Waste of money.
DaveC10
(Wisconsin)

Posts:8


08/12/2013 11:32 AM  
Posted By SteveM9 on 08/12/2013 9:37 AM
It doesn't sound like a legal requirement, just a good idea. A lawyer will tell you everything you "should" do, and its up to you to decide if you want to do it. Personally, I wouldn't title search each property. Waste of money.




Steve:

Thank you. Came to same conclusion. Just needed another opinion.
JohnB26


Posts:0


08/12/2013 12:52 PM  
you do not need a 'title search' just check with the county tax dept for the owner of record (and his mailing address) for tax purposes (MUST be the actual owner)

most places this can be checked on-line as most have sites with GIS capability

eg. http://www.horrycounty.org/LandRecords/

try entering my info: 1941801049 (my tms #)

all info is PUBLIC RECORDS
MatthewW4
(Arizona)

Posts:500


08/13/2013 2:36 AM  
Aside from the difficulty in getting the data, what would be the argument in favor of an association not knowing who its members are?

Assessor's records are often easier to access and have the added bonus of giving you a mailing address. The problem is that the assessor is in the tax collection business and not in the business of keeping track of all owners. I have seen a number of situations in my own association where there are multiple owners for a property but only one is named on the tax records. I doubt that a person could persuade a court to recognize him as the owner solely because the assessor sends the tax bill to him.

If your recorded documents are not available online or not easily searched online, it may pay to make a visit to the records office and ask for help. You should know already have some information, such as the name of the subdivision, that may narrow down the search. You should already know how many parcels/lots are in your subdivision. You do not need to know every change of ownership that has ever occurred, just the most recent warranty deed or special warranty deed for each lot.

Nothing to it! Piece of cake!

JohnC46
(South Carolina)

Posts:11659


08/13/2013 3:35 AM  
Having lived in about 5 associations in 3 states, I have never heard of the need to do a title search to verify ownership for voting reasons. I consider it overkill at best.
TimB4
(Tennessee)

Posts:17841


08/13/2013 5:02 AM  
Posted By DaveC10 on 08/12/2013 8:53 AM

Problem is lawyer is telling us we need to also run a title search on each homeowner to verify voting member is actual owner.




The concern is if one believes that both spouses are on the deed (thereby members) but in reality only one is actually on the deed, then there is a risk that a non-member may sign the document. If that happens, it's possible to have the amendment overturned if challenged and only the minimum number required was achieved.

JohnB26


Posts:0


08/14/2013 10:53 AM  
MatthewW4;

I have seen a number of situations in my own association where there are multiple owners for a property but only one is named on the tax records


In my 'neck of the woods' that situation would have the phrase ET AL after the single name, meaning '& others' giving you the tip off to actually check the register of deeds (hopefully on-line)
JohnB26


Posts:0


08/14/2013 10:54 AM  
TimB4;

DITTO
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Forums > Homeowner Association > HOA Discussions > Title verification to change restriction?



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