Voting Right of an LLC owned home
In my small community there are a number of homes where there is no named owner on the property deed. Instead the owner is listed as an LLC. Since an LLC is not a person, does the LLC have voting rights in the HOA? Can the LLC put forth someone to be a Board member?
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Crystal
Absolutely, many homeowners use the LLC process in ownership of homes. In those cases, the LLC gets to designate an individual to vote and act for the LLC with the Association. That specific individual is then able to vote for that property. The designated individual has all rights of any other owner including the right to run for and serve on the board.
Dennis
Dennis,
If possible can you cite some state statute, case law or policy that governs this?
Ken,
Primarily this is governed by your own CC&R’s and Bylaws. While I’ve not seen the specific language of your governing documents this is the typical approach to voting right for LLC owned homes. The association must have a member of record and for any corporation owned home the corporation determines who that member of record is for the property. It is also common sense. Because you don’t like the situation does not make it wrong.
Dennis