Question:
I am the legal spouse of wife whose sole name is on the property deed. Wanted to be a candidate for board membership. I’ve been on 2 HOA’s in the past. One in Ohio and the other in NC. I have a background in construction and business. Have lots of time bc of mostly be home-bound bc of being permanently disabled do to brain cancer in 2014. The HOA manager notified me that I couldn’t be on the board do to the fact my name wasn’t on the deed. As a spouse, couldn’t I at least be my wife’s legal proxy if she was on the board?
– Matthew
Answer:
As per the Davis-Stirling Act, “A spouse not on title does not have the right to vote in elections or run for the board by virtue of being married to someone who is on title. When it comes to real estate, rights flow to a person on title.” Your bylaws may also indicate what qualifications a member should have to run for the board. This can include only members whose names appear on the title.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
