What is the name of your state (only U.S. law)? Arizona
The CC&R's of the HOA that I am a member of states that you must be a member of the Association to be on the Board and that a member means a recorded owner of the fee simple title. The county assessor's office has publicly available the name of the recorded owner and a copy of the deed for each unit/parcel for online viewing. The Board is requesting nominations for Board seats at an upcoming election. Suppose a person who lives in a unit submits his/her name as a candidate. However upon checking the county assessors and recorder's office one finds that the deed states the owner is "Person XYZ, as Trustee on Behalf of the Person XYZ Revocable Trust, under the provisions of the Trust agreement. Person XYZ is clearly the recorded owner, but how about his/her spouse or partner that wants to run for the Board whose name is not listed on the publicly viewable deed ? Is there any possibility on the face of it that the spouse or partner can also be a recorded owner or would one need to read Person XYZ's Trust document to find out?
Normally, with trusts, I have seen something to the effect of Person ABC and Person DEF as Trustees of the _____ Family Trust, where the names of the trustees are clearly listed, but how about with the verbiage of the example in the previous paragraph?
I am not familiar with trusts and their meanings so I thought I would ask here in this forum.
The CC&R's of the HOA that I am a member of states that you must be a member of the Association to be on the Board and that a member means a recorded owner of the fee simple title. The county assessor's office has publicly available the name of the recorded owner and a copy of the deed for each unit/parcel for online viewing. The Board is requesting nominations for Board seats at an upcoming election. Suppose a person who lives in a unit submits his/her name as a candidate. However upon checking the county assessors and recorder's office one finds that the deed states the owner is "Person XYZ, as Trustee on Behalf of the Person XYZ Revocable Trust, under the provisions of the Trust agreement. Person XYZ is clearly the recorded owner, but how about his/her spouse or partner that wants to run for the Board whose name is not listed on the publicly viewable deed ? Is there any possibility on the face of it that the spouse or partner can also be a recorded owner or would one need to read Person XYZ's Trust document to find out?
Normally, with trusts, I have seen something to the effect of Person ABC and Person DEF as Trustees of the _____ Family Trust, where the names of the trustees are clearly listed, but how about with the verbiage of the example in the previous paragraph?
I am not familiar with trusts and their meanings so I thought I would ask here in this forum.