Legal Question in Real Estate Law in California

The president of my condo board is not on the deed. His wife inherited the condo and the deed states " a married woman , as her sole and seperate property".

The CC&Rs state that you must be an owner. I am wondering if he is comiting fraud?

Or could he just claim that he has some Quick Claim Deed that makes him an owner?

I don't want to bring up the issue if he has an easy way out. No point in making an enemy for nothing.

Thanks in advance.


Asked on 9/05/12, 7:01 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The deed to her is irrelevant unless there is no deed to him. The problem, however, is that a deed does not have to be recorded to be valid. It just has to be recorded to put others on constructive notice. You may want to look at the grantor grantee index at the recorder's office, to see if she put him on title after inheriting the property. If so, you don't have a case. If you don't find anything, however, don't be surprised if they show up with an unrecorded deed, which again would defeat your case.

Read more
Answered on 9/05/12, 12:30 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California