Could someone clarify the visiting rights of under 55 condo owners who are on the deed but do not live here in CV. Assuming the bylaws say ‘visitors may stay up to 30 days while the owner is in residence’ .
What if the over 55 resident is now in nursing home and condo is unsold, how may under-55-on-deed use it?
What if the over 55 resident is now up north for summer and cannot afford cost of trips back here to be in residence for under-55-on-deed visitor?
I would have thought the Board could give permissions on request but associations differ.
Sunday, May 24, 2009
under-55-on-deed
Subscribe to:
Post Comments (Atom)
11 comments:
Elaine: there is no "rule" for the 309 independent associations at CV on this matter. If an association approves an under 55 on the deed, that is their business/problem. UCO and WPRF aren't involved in those issues...
Many people add an adult child to their deed as estate planning, and not even with knowledge of Assoc Board. As years go by and their situation changes the ‘child’ may be paying for an empty unsellable unit, I think there is a hardship here. I was hoping for WWDD/WWRD :-) not UCO/WPRF :-(
In Palm Beach County, no lawful deed changes are allowed without a condo association approval...
Anonymous said: If an association approves an under 55 on the deed, that is their business/problem. UCO and WPRF aren't involved in those issues.
That is short of correct. Namely anyone may own in Century Village, over 21 years of age.
Only the approved “owners with occupancy” may obtain the necessary ID for use of the facilities, and the form is provided by the Association. The forms are obtained from UCO upon an investigations completion. So both UCO and WPRF are part of the process.
Anonymous 08:27 said: In Palm Beach County, no lawful deed changes are allowed without a condo association approval. This too is incorrect. The fact is any deed may be recorded and many Associations are completely unaware. The only time the “certificate” of approval is required is when the person(s) added to the deed requires access to occupy. Then the person(s) must be investigated so a “certificate of occupancy approval” may be completed in order to obtain the ID from WPRF. Otherwise, the deed change might never be known to either the Association of WPRF.
The main question was: what are the rights of deeded owners who wish to visit for the 30 days. This is a mixed question. Anyone may visit for 30 days while the owner is in residence whether they are on the deed or not. The visitor restriction is providing for longer term residents to become investigated if they will be staying longer or on a more permanent basis. Those associations, who have passed the amendment providing for Adult Children to stay when the Owner is away, do not require the Adult Children to be on the deed. Any such request for a visit should provide for the Associations effort to aid in obtaining the same “Guest Pass” the Owner would have obtained if he/she were in residence.
I hope this clears up the questions.
Actually Ed, our Association Bylaws say no additions to deeds without Board approval are allowed. Although someone could slip by and try to record another person, it can be challenged, according to our bylaws...
Hi Anonymous 4:45 PM
You 1999 Documents also state no mortgages without the Board approval and Mortgage Companies, banks have consistently ignored this restriction.
Palm Beach County does not honor our By-laws, since they do not have a copy of your Docs and "have no dog in the race”.
The only Certificate required in a deed change is when you complete a sale through a knowledgeable Attorney or obtain an ID.
Attorneys that complete Trust ownership deeds have ignored the proper procedure for many years now.
Sorry!
Anonymous 4:45
See Article XI of the Declaration, "Sale or Rental of Units":
....
B.(4.) The foregoing provisions of this Article XI shall not apply to transfers by a unit owner to any member of his immediate family(viz. spouse, children parents).
many cases are showing up where hardships are occuring,ex. ones son or daughter lost their job, lost monies in savings have nowhere to go , forclosers? keep this in mind and lets us be more compassionate if these problens develope, yes have order and due-diligence, the journey is getting shorter, enjoy if possible the days granted to us, and take everyhing in stride, the blog at times bring out demons I hope its the meds that is printing negatives, lets look in that mirror and tell ourselves the question what is this life all about? Are we not tired, of being mean spirited yet,
on yhis day let us remember who and what we are on this planet called earth.Maybe if these sons and daughters have to be taken in it could be a blessing ,where their energy is to help those who may need it, we let cats and dogs and birds confort some in CV,but when it comes to sons and daughters???.
Anonymous 4:45,
There are only a few associations that had 'substantially reworded' Article XI of their Declarations to require that all transfers, sales, gifts, etc. of a unit to require Board approval. The Board should check the website for any such transfers on a regular basis, and must be willing to take legal action in all such instances of unauthorized transfers in order to properly enforce your documents. Like Ed said, "any deed can be recorded".
Many thanks for excellent range of answers, next time I will remember WWED too. I think an amendment is best for us. Thanks again for spending your weekend to help us.
Elaine,
I'd be pleased to assist your association in the document amendment process. My email address
is rvirginia620@comcast.net.
Post a Comment