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"Member" Defined
Defined. As provided for in Civil Code §1358, membership in a California homeowners or condominium association is coupled with an ownership interest in a common interest development. This requirement is frequently mirrored in an association's governing documents, i.e., members must be owners of real property (lots or units) subject to the association's CC&Rs.

Proof of Membership. Proof of membership is via 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. Community property rights do not make spouses who are not on title "owners" qualified to serve on the board if ownership is a director requirement.

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.

Voting Rights. Boards may set a "record date" for determining voting rights. Voting rights for multiple owners of a property are treated as if there were a single owner.

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