Am I 'member' of the HOA?

[LuckyFish]

What is the name of your state?What is the name of your state? Texas

There was a vacancy due to family death of one of our Directors. The board has asked me to complete her remaining term. According to our by-laws, you must be a member of the HOA to serve (and vote). My question is whether I am actually a member since I don't hold title. I have a 'Contract for Deed', which will be satisfied in 4 years. I voted at the last election by proxy. Aren't I really the owner (with option), and therefore a member?

verbage in by-laws: Proof of Ownership. Except for those owners who initially purchass a condo. unit from Declarant, any person on becoming an owner of a condo unit shall furnish to the Managaging Agent of BOD a machine or cert. copy of the recorded instrument vesting that person with an interest or ownership in the condo unit, which copy shall remain...

verbage in Declaration: Mortgaging a condo. unit-priority. An owner shall have the right from time to time to mortgage or encumber his unit and the interests appurtenant thereto by deed of trust mortgage or other instrument, but the lien created thereby shall be subject to the terms and provisions of the Declaration, and any mortgagee or other lienholder who acquires a unit through judicial forecloseure, public sale or other means shall be subject the the terms and provisions of this Declaration.

(sorry for length, but thought you might need info.)

 

[HomeGuru]

What is the name of your state?What is the name of your state? Texas

There was a vacancy due to family death of one of our Directors. The board has asked me to complete her remaining term. According to our by-laws, you must be a member of the HOA to serve (and vote). My question is whether I am actually a member since I don't hold title. I have a 'Contract for Deed', which will be satisfied in 4 years. I voted at the last election by proxy. Aren't I really the owner (with option), and therefore a member?

verbage in by-laws: Proof of Ownership. Except for those owners who initially purchass a condo. unit from Declarant, any person on becoming an owner of a condo unit shall furnish to the Managaging Agent of BOD a machine or cert. copy of the recorded instrument vesting that person with an interest or ownership in the condo unit, which copy shall remain...

verbage in Declaration: Mortgaging a condo. unit-priority. An owner shall have the right from time to time to mortgage or encumber his unit and the interests appurtenant thereto by deed of trust mortgage or other instrument, but the lien created thereby shall be subject to the terms and provisions of the Declaration, and any mortgagee or other lienholder who acquires a unit through judicial forecloseure, public sale or other means shall be subject the the terms and provisions of this Declaration.

(sorry for length, but thought you might need info.)

**A: you have asked a very good question. Is your contract recorded?

 

[LuckyFish]

Yes, Contract for Deed is recorded in my county. I might mention that another owner here (currently a Board member) voted for the 10 straight years that he held his Contract for Deed without a proxy, but now several are questioning whether this is legit. Thank you.

 

[HomeGuru]

Yes, Contract for Deed is recorded in my county. I might mention that another owner here (currently a Board member) voted for the 10 straight years that he held his Contract for Deed without a proxy, but now several are questioning whether this is legit. Thank you.

**A: then you should be allowed to be on the board subject to the CC&R's stating otherwise.

 

[LuckyFish]

Thanks, HomeGura...I really appreciate your advice!
LuckyFish

 

[HomeGuru]

I hope with the HOA, you get lucky fish.