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: Associations are required to disqualify anyone who is not a member of the association at the time of the nomination. (Civ. Code ยง5105(b).) An unrecorded deed does not make a person a member of the association or qualify him to serve on the board. People who walk around with "pocket deeds" (unrecorded deeds they carry in their pocket) often do so for reasons other than taxes. If your non-member wants to run for the board, he should record his 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