registering a resignation with registry of deeds (documents, fee, accept)
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Hello - I'm looking to resign from my Board of Trustees position at my condo and want to make it official. I have a form drawn up that I'll sign and notarize. Then I need to register it with the County registry. Does anyone know if I can do this myself? Just walk in an register the form? Or do I have to have a lawyer or someone do it? I'm in Massachusetts, by the way.
If it's merely registering a document, you should be able to simply register it yourself. I hope government has not become so complicated that one is forced to hire a lawyer to register a simple document.
IIRC, for your resignation to be official, the condo board must accept your resignation.
As far as recording it, you simply take your letter of resignation - and the acceptance - to the Registrar of Deeds office in Foxboro. You pay a filing fee per page and it's done.
Real estate questions are always tricky to decide what forum to post in. Sometimes it's general enough to be here in the RE forum. Sometimes, it requires local knowledge and should be posted in the local forum. Regardless . . .
Quote:
Originally Posted by foxboro82
Thank you both for this!
Our county registry of deeds is in Dedham, ....not Foxboro (unless there is another office there too).
I don't really know much about the resignation process. Did the other board members tell you to do this? If it was just something you came up with on Google, I would confirm with a RE attorney or the association's management company that this is what needs to get done and is all you have to do.
As far as recording things, anyone can do it. You just need to go to the recording desk at the County Registry of Deeds. You live in Foxboro so that's Norfolk County where I live as well. The registry is in Dedham Center. Make sure to bring a check for the recording fee. To save yourself some hassle, I would confirm the registry's policy on personal checks before going. I want to say they don't take them but I may be wrong. Also, some forms need to be in a particular format and if they are not the registrar will reject them. You may want to consult a RE attorney or the management company to see if you need to use a specific form/format for this.
Good point, jackmichigan. Even if it isn't required, recording the document just makes it clear to anyone planning on suing the individual members of the board that there is a clear ending date for the one resigning. Since the OP didn't ask if it was necessary, he obviously either wants to make his break clean and without question or knows it is required by his condo board. <Shrug> We question people so much of the time, sometimes just providing theinfo is all that is needed.
Recording a document just to resign from a Condo board sounds...odd. Is that really how it's done in Massachusetts?
I don't doubt that recording a document when resigning is necessary. I do know that the names of the trustees of every condo association are recorded at the registry. This is so that the Registrar can confirm that condo documents being recorded are signed by the appropriate person.
For example, in MA when a condo is sold a 6D certificate must be recorded along with the deed. This piece of paper basically says how much money the unit owes to the association (ideally it should say $0). It's an important document because it basically informs the new owner of the balance of their account at the point they take ownership. How does the registrar know who is authorized to sign if the names of the trustees are not recorded?
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You back east folks make life soooooooooooooooooooooooooooooo complicated. Here you would just submit your resignation to the board and it would become a part of the minutes of the Association and therefore valid.
You'd think so. In the one bad HOA we were in a couple of people stated at board meetings they were resigning. Even moved away eventually. One of the controlling characters on the board said to a few people that yes, so and so resigned but we have to see if we accept the resignation. And for a couple of years before I lost track those people who resigned and never went to another board meeting and left the area ... their names were still on the records as being on the board and on the committees. I think the board members knew they were such a difficult bunch they just couldn't get anyone else to be on the board so they kept them in name only.
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