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Old 04-26-2016, 09:56 AM
 
1 posts, read 977 times
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My spouse and I purchased a house last June in Walden Lakes, in Plant City.

My spouse received some money from the passing of a grandparent and wanted to purchase the house. Because we are not married yet, we didn't to put the house in my spouses name ALONE, until we marry. Just to make sure things are fair if we were to depart before we got married.

Well, we both want to be involved in our homeowners association to make sure our neighborhood is kept nice. We went to the Homeowners association meeting where the residents voted us both in and then a week later, someone from the board contacted me and said "Although you were elected to the Board of Directors at the annual; members meeting, the HOA's By-Laws permit, only record owners to be directors and you are not shown as an owner."

Is there a way to get around this? Or, is that actually the truth? I know many of the people in our community and I want to be involved. But, I don't see us marrying until a couple of years from now. The President of the association even wanted me to come in and take over as President.

Help...
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Old 04-26-2016, 10:37 AM
 
Location: Not the end of the Earth, but I can see it from here
4,873 posts, read 5,270,389 times
Reputation: 5439
No deal.

By law you have to be a property owner to sit on the Board of your association. I'm no lawyer, but I'm an HOA president and fairly familiar with the laws in this regard. I'm not aware of any way around it.

Sorry,

RM
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Old 04-26-2016, 10:54 AM
 
Location: Sarasota, Fl
809 posts, read 644,539 times
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Quote:
Originally Posted by Marshaljr15 View Post
My spouse and I purchased a house last June in Walden Lakes, in Plant City.

...where the residents voted us both in....
Quote:
Originally Posted by MortonR View Post
No deal.

By law you have to be a property owner to sit on the Board of your association. I'm no lawyer, but I'm an HOA president and fairly familiar with the laws in this regard. I'm not aware of any way around it.

Sorry,

RM
Wow, Florida Condo's can be corrupt, but at least Florida Statutes prohibit multiple owners of a property from serving on the BOD at the same time.

Can Husband and Wife Serve On The Board At The Same Time? | Florida Condo & HOA Legal Blog

I was going to ask MortonR about this, but "websearch is my friend".

I wonder how many HOA's have bylaws that try to limit directors to one owner per property?
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Old 04-26-2016, 11:30 AM
 
Location: Not the end of the Earth, but I can see it from here
4,873 posts, read 5,270,389 times
Reputation: 5439
Quote:
Originally Posted by upgrader View Post
Wow, Florida Condo's can be corrupt, but at least Florida Statutes prohibit multiple owners of a property from serving on the BOD at the same time.

Can Husband and Wife Serve On The Board At The Same Time? | Florida Condo & HOA Legal Blog

I was going to ask MortonR about this, but "websearch is my friend".

I wonder how many HOA's have bylaws that try to limit directors to one owner per property?
True, That prevents someone from trying to "stack" the Board and concentrate the votes/power.

Understand that much of the laws on the books today are directed more towards associations that manage condominiums. While there are some HOAs that are functionally similar to condominiums, condos typically involve a larger number of residents and far more control over the properties than an HOA. You also will typically have monthly fees with a condo where HOAs are normally annual and far less, as there are fewer services provided to the owners through the HOA.

As you might imagine, with this level of intrusion into the daily lives of the owners, condo associations can really make someone's life miserable. They can also have a very direct affect on property value, since many are in multi-unit buildings and have common areas much larger and more complex than a typical HOA.

I would also point out that most HOAs (and possibly condo associations, which I don't have experience with) have covenants that prevent spouses or "partner" property owners serving on committees if the other holds a position on the Board.

Ask away if you wish. I may not know the answer, but I can certainly find out.

RM
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Old 04-26-2016, 12:04 PM
 
2,915 posts, read 3,773,449 times
Reputation: 3226
Quote:
Originally Posted by Marshaljr15 View Post
My spouse and I purchased a house last June in Walden Lakes, in Plant City.

My spouse received some money from the passing of a grandparent and wanted to purchase the house. Because we are not married yet, we didn't to put the house in my spouses name ALONE, until we marry. Just to make sure things are fair if we were to depart before we got married.

Well, we both want to be involved in our homeowners association to make sure our neighborhood is kept nice. We went to the Homeowners association meeting where the residents voted us both in and then a week later, someone from the board contacted me and said "Although you were elected to the Board of Directors at the annual; members meeting, the HOA's By-Laws permit, only record owners to be directors and you are not shown as an owner."

Is there a way to get around this? Or, is that actually the truth? I know many of the people in our community and I want to be involved. But, I don't see us marrying until a couple of years from now. The President of the association even wanted me to come in and take over as President.

Help...
Well you have certainly confused a few things.
First you refer to the co-owner as your spouse but then claim you aren't married. Which is it?

Second you imply that your "spouse" inherited money used to purchase the house. Then you claim you didn't want to put it in your spouse's name alone until you marry. Did you contribute anything to this purchase? Why would the property be in your spouse's name only after marriage but both names now? What logic is at play here?

Third you previously claim that you weren't going to put the property in your "spouse's" name alone until after you married a few years down the line (which suggests that it is also currently in your name at present). But then you claim that because you are not a record owner you can't be on the board. Which is it? Are you a record owner or not? If you are not then why all the story about waiting until you were married to put it in your spouse's name alone?

Fourth, have you read the actual bylaws rather than relying on someone else's interpretation of them? Frequently persons other than record owners are on the board. Consider the development period where the HOA is controlled by a developer. The developer is usually a corporate entity and the only way it can act is through agents. The agents of the developer might not own any land in the subdivision (they are not record owners) yet clearly they can sit on an HOA board. Get the bylaws and read them. Get the rest of your story straight while you are at it. Right now it is a jumble of conflicting statements.
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Old 04-26-2016, 04:33 PM
 
5,048 posts, read 8,395,540 times
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You say you didn't put the house in your spouse's name alone but from the context of the post it seems you mean you DID put the house in your spouse's name alone.

So now the board wants people on the board who are actual owners. That seems normal.

What amazes me is you two move into your home and so quickly the board wants you on the board of directors and even asked you to be president?

That board is in trouble if they feel they have to move so quickly.

Regularly attending residents, committee members/even committee chairs if they need an expertise you have, sure.

But board members and president already. And no vote of the homeowners that make up a quorum? No others running against you I guess? No mailout to residents telling about you? Or maybe they had some people resign, at which point maybe the bylaws allow them to appoint a person?

What do you bylaws say about becoming a board member? And the duties of a board member and of a president.
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Old 04-26-2016, 08:40 PM
 
26,950 posts, read 43,085,969 times
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Florida law will make the house become marital asset after they get married so she automatically gets half unless he is putting the house in a LLC or different legal entity.

HOA's often have husband and wife on different committees as from what I know it is not allowed to have both serving on the same committee and/or board.

It is strange to have a person that legally doesn't own the property to be having anything to say on a committee or board otherwise we can have tenants making the new laws for the HOA in the near future...
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Old 04-27-2016, 12:41 AM
 
5,048 posts, read 8,395,540 times
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Take over as president. Even if voted in on the board....president already? Even with a management company, that's a difficult role. And, actually, I wouldn't want a management company to say just sign where we tell you. This is a lot more than just being involved.
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Old 04-27-2016, 05:16 AM
 
26,950 posts, read 43,085,969 times
Reputation: 15240
It does sound like a bad run HOA. Never heard that the girlfriend of an owner is asked to become the President while not having any legal interest in the property. I'm not saying the OP is incorrect as it may very well been asked and not her to be blamed for but I this HOA if their side of the story is the same sounds like not a very well run HOA.
Maybe they meant we need someone like you as yhe President!
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Old 04-27-2016, 06:40 PM
 
Location: Not the end of the Earth, but I can see it from here
4,873 posts, read 5,270,389 times
Reputation: 5439
This whole post is a little sketchy.

First of all, there are Board elections once a year at the annual meeting. You can't just walk in and get a Board position unless it's vacant, and even then you would only be temporary until the next election.

Second, if the current president is so excited about you becoming president, be very, very afraid. People don't bail out of these positions as if their hair was on fire unless the place is poison. The last person I would want to be president on my Board would be a new resident. I say that because while new blood is always good, someone who has just walked in the door can be horribly disruptive simply due to their lack of understanding of the Board, the neighborhood, and the residents.

Any HOA Board I have served on has almost always had a president, myself included, who has served in lower positions before becoming president. After a year or two in a lower position you have a good feel for the community and how things are run. I don't say this because of "good old boy" situations, just from the experience of new members trying to change everything at once, which is not a good thing for a lot of reasons.

This is all assuming the present Board is functional and working well. Otherwise, all bets are off.

The PO's situation relative to the owner of the property is also very weird. There are conflicting statements that simply don't make sense.

I'm thinking troll.

RM
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