Unrecorded Deeds
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UNRECORDED DEEDS

QUESTION: Our CC&Rs require that board members be owners. The son of a member wants to run for the board. He has an unrecorded quit claim deed (he claims it's unrecorded for tax reasons). Does this qualify him to run for the board?

ANSWER: No, an unrecorded deed does not qualify him to serve on the board. People who walk around with "pocket deeds" (unrecorded deeds they carry in their pocket) usually do so for reasons other than taxes. If your non-member wants to run for the board, he needs to record the deed and become a member of the association.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC