If you put a condo into a living trust. Do the trustee handle all the condo business like meetings and voting?

Real Estate 2 views 4 answers
Attend Association meeting and vote on issues for the condo

Attorney Answers

4
George Henderson ·
Attendance at meetings, and voting would still be governed by the covenants, conditions and restrictions of the homeowners association, or other governing document of the HOA. Consult the attorney who drafted the trust or other real estate attorney here on .
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Dana Shultz ·
Assuming that "put...into a living trust" means that the trust owns the condo, the trustee exercises rights and satisfies obligations pertaining to ownership of the condo. If the owner of the condo is supposed to attend and vote at Association meetings, then the trustee is the one who would take those actions.
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Todd Fuson ·
If the condo was put in a living trust, then it must be presumed that the Grantors of the trust owned the condo prior to the creation of the trust and the prior to the condo being placed in the trust. The change of "ownership" from the Grantors to the Grantors' trust does not change the ownership interest of the condo. Technically, the trustee of the trust now holds the right to go to association meetings, vote, etc, but it should be the same person. If the trust is now in the control of the successor trustee (ie, not the original Grantor), then that successor Trustee has all the powers of the original grantor, which will include ownership rights of the condo and the condo association. If you have doubts, or if you have more complicated facts, please consult an estate planning attorney.
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