My husband and I live in Georgia. We bought a home about 18 mos. ago in a community. When we closed on the house at the time, my husband was not working and could not qualify to be on the loan, therefore the bank did not want his name to be on the Deed/title, just mine... that is okay. When we moved into the subdivision... we got a copy of our covenants but not a copy of the ByLaws. We were told that we were not allowed to have a copy of the ByLaws and that only members of the Board were allowed access to them. This really upset us. My husband vowed since he could not find work, he was going to run for the HOA Board and change all of that and make the ByLaws available to the entire community as they should be. As it turns out he got elected to the Board, the old Board certified him and the new Board elected/appointed him to be President. Unfortunately, during his term he has had nothing but resistance from one Director/Treasurer who has been on the Board since it's inception. The Treasurer has been trying to find loop holes or ways to get him kicked off the Board and put up road blocks to any progress my husband tries to make. Just recently our county updated and made the deed/title records to our property available to the public and the Treasurer discovered that my husband is not on the Deed/Title. There is some language in the covenants & ByLawst that reads the definition of an Owners as...
The Covenants reads as follows...
The ByLaws reads as follows...
Members - Every Owner shall automatically be a member of the Association and such membership shall terminate only as provided in these ByLaws or in the Declaration of Protective Covenants covering that Owner's property and recorded in the County records now or as hereafter emended "Owner" shalll mean the record owner (including developer), whether one or more persons or entities of the fee simple title to any Lot upon which a permanent home has been constructed and is occupied is accordance with the aforementioned Declaration, provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the lot in fee simple if such loan were paid in full shall be considered the Owner.
The Treasurer now feels they have the necessary ammunition to kick my husband off the Board. The Treasurer wants to charge my husband with Intent of Fraud on the Board based on the information above. Keep in mind we did not even see the ByLaws till after my husband took office.
In the state of Georgia... isn't the ownership of the house considered community property in a marriage even though the deed/title is in the wife's name? Wouldn't we be considered an entity with respect to the ByLaws & Covenants? If not, is there a marriage discrimination case here within the Covenants & ByLaws especially with how banks are tightening up on closings these days?
I would appreciate your advise.
Thanks,
The Covenants reads as follows...
Owner shall mean the record owner (including Declarent), whether one or more persons or entities, or the fee simplle title to any Lot upon which a permanant home has been constructed and is occupied in accordance with thie Declaration, provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered Owner.
The ByLaws reads as follows...
Members - Every Owner shall automatically be a member of the Association and such membership shall terminate only as provided in these ByLaws or in the Declaration of Protective Covenants covering that Owner's property and recorded in the County records now or as hereafter emended "Owner" shalll mean the record owner (including developer), whether one or more persons or entities of the fee simple title to any Lot upon which a permanent home has been constructed and is occupied is accordance with the aforementioned Declaration, provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the lot in fee simple if such loan were paid in full shall be considered the Owner.
The Treasurer now feels they have the necessary ammunition to kick my husband off the Board. The Treasurer wants to charge my husband with Intent of Fraud on the Board based on the information above. Keep in mind we did not even see the ByLaws till after my husband took office.
In the state of Georgia... isn't the ownership of the house considered community property in a marriage even though the deed/title is in the wife's name? Wouldn't we be considered an entity with respect to the ByLaws & Covenants? If not, is there a marriage discrimination case here within the Covenants & ByLaws especially with how banks are tightening up on closings these days?
I would appreciate your advise.
Thanks,
