Who Can be on my Title?

Well, PROPERTY MANAGEMENT can—not legally, of course—if they have a shady AF attorney on their side.

Per AI:

No, a property management company cannot hold title to an HOA. Under the Davis-Stirling Act, an HOA is a legal entity, and the title to the common areas and any other property owned by the HOA must be held in the HOA's name. Property management companies are hired by the HOA to manage its assets and operations, not to own them. [1, 1, 2, 2, 3, 3, 4, 4, 5] 

Here's a more detailed explanation: [2, 2, 6, 6] 

• HOA as a Separate Legal Entity: The Davis-Stirling Act establishes that an HOA is a separate legal entity with the ability to own property and enter into contracts. [2, 6, 7, 8, 9, 10, 11] 

• Ownership of Common Areas: The HOA owns the common areas within a community, such as recreational facilities, landscaping, and any other areas not owned by individual homeowners. [3, 5, 5] 

• Title to Property: The title to the common areas, as well as any other property owned by the HOA, must be held in the name of the HOA itself, not in the name of the property management company. [1, 1, 2, 2, 3, 3] 

• Role of Property Management: A property management company is hired by the HOA to manage the HOA's assets, including common areas, and to provide various services to the HOA and its members. They do not own the property or hold title to it. [1, 1, 4, 4] 

• Membership and Voting: Only the members of the HOA, who are also the property owners within the community, have the right to vote on matters concerning the HOA. [3, 3, 12, 12, 13, 14] 

While "Generative AI is experimental" it's STILL smarter than the idiots involved in this illegal mess.

[1] https://www.slatterhoamanagement.com/hoa-vs-property-management-what-is-the-difference/
[2] https://schorr-law.com/davis-stirling-act-hoa/
[3] https://www.davis-stirling.com/HOME/M/Membership-Rights-Responsibilities
[4] https://kellisoncorp.com/blog/hoa-management/hoa-management-vs-property-management-whats-the-difference/
[5] https://www.neighbor.com/storage-blog/does-hoa-own-the-land/
[6] https://cahoasolutions.com/faqs/
[7] https://msclawyers.com/blog/who-does-the-hoa-attorney-represent/
[8] https://www.reddit.com/r/legaladvice/comments/7tiins/serious_problem_with_california_homeowners/
[9] https://www.davis-stirling.com/HOME/L/Legal-Standing-to-Sue
[10] https://www.davis-stirling.com/HOME/C/Contract-Formation-Inspection-Breach
[11] https://www.steadily.com/blog/arizona-hoa-laws-regulations
[12] https://www.davis-stirling.com/HOME/C/Candidate-Qualifications-in-HOA-Elections
[13] https://www.steadily.com/blog/hoa-laws-regulations-memphis
[14] https://sjud.senate.ca.gov/sites/sjud.senate.ca.gov/files/ab_1410_rodriguez_sjud_analysis.pdf


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