HOA member on board does not qualify

[migente]

What is the name of your state? Washington
Our Association was just formed a month ago. I just got a list of all the owners names and addresses in our community, but one of our members on the board does not show up as "owner" in our community. he does live in one of the homes here but is not on record at the county office has owner. Our CCR's clearly state that you must be and owner to be on the board.

4.1 Formation. The Declarant hereby declares the formation of an
owner’s association (the “Association”) consisting of all Owners. Upon the sale of all Lots owned by the Declarant, or at such earlier time as determined by the Declarant, the Association shall succeed to all powers, rights, and responsibilities of the Declarant under this Declaration and, thereafter, any reference to Declarant shall be deemed to refer to the Association. Membership in the Association may not be transferred, pledged, or alienated in any way except upon the sale of a Lot, at which time the membership and voting right shall be assigned automatically to the purchaser of such Lot.[/B]



he claims that his domestic partner is owner, thus this makes him owner. I don't think washington state law extends the common property law to domestic partners only to married couples. never the less the CCRS clearly defines the term "owner" to be those on record only.

2.10 Owner. The term “Owner” shall mean the record owner or owners of a fee simple interest in any Lot, including contract purchasers but excluding those holding such interest merely as a security for the performance of an obligation. The term “Owner” includes the Declarant as to any portion of the Property owned by the Declarant.

You can read our CCR's at: www.whipplecreekplace.com

I plan on challenging his seat on the board on the 24th of this month, but im not sure i know how to do that.

any advice

Juan Piedra

 

[Shel77]

You are correct on the owner thing however sometimes (at least in our experience) the county will only have on file those on the actual mortgage not the deed, I was on our HOA board and had the same issue I was not on our mortgage (credit reasons) but was on the deed therefore I had just as much ownership. You would probley need to find out is this is the case here.

 

[migente]

You are correct on the owner thing however sometimes (at least in our experience) the county will only have on file those on the actual mortgage not the deed, I was on our HOA board and had the same issue I was not on our mortgage (credit reasons) but was on the deed therefore I had just as much ownership. You would probley need to find out is this is the case here.

were would i be able to see the deed? Now i hope that when i challenge his seat, he will produce evidence, such as a deed, or title papers, even a marriage certificate that he his married to a owner? he is not willing to provide anything until i challenge.. all he gives us is his word..

 

[HomeGuru]

were would i be able to see the deed? Now i hope that when i challenge his seat, he will produce evidence, such as a deed, or title papers, even a marriage certificate that he his married to a owner? he is not willing to provide anything until i challenge.. all he gives us is his word..

**A: he is NOT an owner period. You AND the HOA should kick him out.

 

[migente]

well guys i will challenge his seat, but what is the proper way of doing this at our next meeting.

I plan on waiting till the president asks for new business, then i want to take the floor and say: "I will like to challenge mr. XXXXXX's seat on the board, due to the fact that he does not appear as a owner on record in our community. and according to our CCRs you must be a owner on record to be a member of the board."

do i need someone else to second it? can the president deny or object to my motion?

and what should we accept as evedence of ownership if he provides us some documents?

thanks for all the advice.. this is my first time on a hoa...

 

[HomeGuru]

well guys i will challenge his seat, but what is the proper way of doing this at our next meeting.

I plan on waiting till the president asks for new business, then i want to take the floor and say: "I will like to challenge mr. XXXXXX's seat on the board, due to the fact that he does not appear as a owner on record in our community. and according to our CCRs you must be a owner on record to be a member of the board."

do i need someone else to second it? can the president deny or object to my motion?

and what should we accept as evedence of ownership if he provides us some documents?

thanks for all the advice.. this is my first time on a hoa...

**A: do not wait until the next meeting. Do it now. Send a certified rrr mail to the board.

 

[pojo2]

I hope you do not end up sitting down with egg on your face. Since you seems to be so strong about this, and if it were me, I would make you look like a fool for being this persistent without just bringing the issue up and having it acted upon.

It is not your issue to INDIVIDUALLY act upon by demanding proof unless of course you are saying you did this through the board.

I am not saying you should not challenge the issue as a homeowner, just do it in the proper way.

I bet there are issues outside the person being an owner or not.

 

[HomeGuru]

Writer, be prepared to see some document either an unrecorded contract or deed. Even if he is a 1% owner, he still qualifies.

 

[migente]

I too am a member on the board, and have notified the rest of the board of this issue including the gentlmen in question, some other members dont care if he is or is not an owner (friends of him). An this gentleman could simply put all this to rest by either showing the managment company his proof, or bring his proof to the next meeting.

If he brings proof i would be happy for him and the board,, cuase it will save alot of time and problems.

but i can't just ignor the issue in fear that he may prove me wrong.. I hope he proves me wrong and that he is qualified. If he wanted to aviod the issue being brought up at the board, he could simply show me the proof on a one on one situation, then i would'nt have to challenge.

but i think he likes arguing, and enjoys fights.. instead of trying to clear things up. He probaly has the proof, but wants to rub it in my face at the board meeting.. thats ok with me, as long as he is an owner i am happy for him.

 

[migente]

**A: do not wait until the next meeting. Do it now. Send a certified rrr mail to the board.

is there a problem doing it at the board meeting? since it is less than 5 days away.. by the time i type it, mail it and hope they receive it on time.

i might be better off at the board meeting this saturday...

IS the way i plan on presenting it at the board meeting ok or do i need something in writing?

 

[HomeGuru]

is there a problem doing it at the board meeting? since it is less than 5 days away.. by the time i type it, mail it and hope they receive it on time.

i might be better off at the board meeting this saturday...

IS the way i plan on presenting it at the board meeting ok or do i need something in writing?

**A: present your written statement to the Board.