domestic partner eligibility for HOA board
I live in an HOA here in Phoenix. My domestic partner is the owner of our house. I am not on the deed of our house. As her domestic partner, am I eligible to run for the board of the HOA? Our house is our lega both of our legal residence.
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John,
Arizona has no laws addressing the issue, so it depends on what your CC&R’s or Bylaws state relative to eligibility to run for the board. Typically, membership in the community is based on the owner of record for each property in the community. And again, eligibility to run for the board is based on membership in the community but is not necessarily limited to that condition depending on the specific language in your specific governing documents.
Your partner has the choice to allow you to act as her agent on all matters relative to the association so she could assign her membership rights to you and that would then allow you to vote in her stead and run for office again in her stead. A simple note to the management company or board indication her desires would be all that is necessary. That assignment is also revokable at any time. So, if you were elected to the board and you split up and she revoked your assignment you would be forced to resign from the board at that time. You probably would no longer be living in the community any way.
Dennis