Member Defined

"MEMBER" DEFINED

Membership. A member is any person who holds a recorded ownership interest in real property subject to the association's CC&Rs. In other words, the person needs to be on a deed which has been recorded with the County Recorder's Office. Unless the association's governing documents provide otherwise, an unrecorded deed does not confer membership status.

Corporations. A corporation is defined in the law as a "legal person" and has all the rights of a natural person in an association. As such, a corporation may appoint a representative to attend meetings, vote and run for office.

Family Trusts. Trustees of a family trust, not beneficiaries, have the power to vote on behalf of the trust and serve on the board. Frequently, the person living in the association is the trustee. Sometimes, however, the resident is a beneficiary of the trust or a tenant authorized by the trust to reside at the property. In that case, the resident has the right to use the facilities, but not the right to vote or serve on the board (provided your bylaws require that directors be members). The deed to the property will normally identify the name of the trustee as the owner on behalf of the trust.

Spouses. Spouses who are not on title may use the association's recreational facilities but they do not qualify as members. If the bylaws require that only members may serve on the board, then non-member spouses may not serve on the board. However, if the bylaws are silent regarding director qualifications, then spouses may serve on the board, as may tenants, non-residents or any other person.

Updated by ADAMS KESSLER 8/21/2007