RE Q&A: Can Board Dictate Deed Names?
Club rules can't override deed laws and owners can keep names on the title even if the club limits who qualifies for membership.
FORT LAUDERDALE, Fla. — Question: A lady I know recently purchased a country club property together with her stepfather. The club’s board decided they couldn’t be members because the stepfather was married to her mother, which would automatically make the mother the second member. They were told the mother had to be included, even though she wasn’t on the property deed, and that the daughter should be removed from the deed and considered a guest. The father and daughter agreed for her to be a guest, but they want to keep the deed as it is. Can the club require them to remove her name from the house? —Lisa
Answer: Club boards and community associations often have their own rules about membership and property ownership, but these rules do not override state property laws.
In most cases, the names on a property deed are determined by the people who purchased the property and how they choose to hold title.
While some community associations have the right to reject buyers for non-discriminatory reasons, once approved, the associated club, or even the association, cannot force you to remove someone from the deed simply because of their membership preferences.
The club may have its own bylaws or membership requirements that dictate who can be a member, the number of members allowed per property, and whether membership is tied to ownership, residency, or both. You will need to review the club’s governing documents, such as the bylaws, covenants, or membership agreement, to understand its specific rules.
In your situation, the club board is saying that because the stepfather is married to the mother, the mother must be the second member, even though she is not on the deed. They are also insisting that the stepdaughter be removed from the deed and only be allowed as a “guest.”
While the club can set its own membership rules, it cannot require you to change the legal ownership of your property.
If the club refuses to allow your preferred membership arrangement, you may have to accept their membership limitations, but you do not have to remove anyone from the deed unless you choose to. Since they are OK with having the stepdaughter as a club guest, this does not seem to create a problem.
If the club continues to pressure them to change the deed, they should consult with a real estate attorney to review the relevant rules and legal documents and help them understand their rights and options.
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