🚫 HOA headaches? Owning your property in a land trust doesn’t mean giving up your rights—or your privacy. Attorney Joe Seagle reveals why most HOA rules can’t force your personal name onto the title, and how a simple authorization keeps you living, renting, and enjoying your community amenities without interference.
From paperwork that keeps you HOA-compliant to strategies for handling pushback from overzealous board members, this episode covers it all.
🎥 Watch the full Ask Joe episode to learn how to protect your privacy while staying in good standing with your HOA.
Show Transcript:
Unfortunately, we’ve had clients who were threatened with fines or penalties simply because they owned their property in a land trust while living in a condominium or homeowners association (HOA) community.
I’m Joe Seagle, your real estate asset protection attorney here in Florida. One of the most common issues we see with land trusts comes up when homeowners—or their tenants—live in properties that are part of an HOA or condo association. Sometimes, these associations object to a property being titled in a land trust. They’ll claim the property must be owned in your personal name or that their rules don’t allow an LLC or corporate trustee.
Here’s the truth: there’s no enforceable rule or law that requires your individual name to be on the deed. I’ve never seen a declaration of covenants or HOA rule that legally compels a property to be titled under a person’s name. What the governing documents typically require is simply that the owner of record designate a unit owner’s representative or proxy.
As a third-party trustee, we handle this all the time. We’re happy to designate you—the beneficiary and holder of the power of direction—as the authorized representative for all HOA matters. That includes signing proxy forms, attending meetings, voting, and using amenities such as pools, tennis courts, and parking.
We routinely sign these documents the same business day (or the next day at the latest) once we’ve received written authorization from you as the beneficiary. We can send the signed authorization directly to the association or to you for delivery—whatever makes things easiest. This ensures you maintain full control and access while keeping your ownership private through the land trust.
Of course, there’s always the occasional unreasonable board member who doesn’t understand how land trusts work and tries to challenge your ownership rights. In those cases, you may need to involve an attorney experienced in HOA and condominium law. That attorney can assert your rights to live in your property, use the amenities, park in your assigned space, and enjoy the community—just like any other owner.
Owning property in a land trust does not take away your rights under HOA rules, under the property’s governing documents, or under Florida law. You still retain every legal right to occupy, lease, and enjoy your property.
If you have questions about this or other land trust issues, visit MyLandTrustee.com. You’ll find blogs, videos, and resources that cover these topics in more depth. You can also contact us directly—we’re always happy to help.
Thanks for listening to this edition of Trust This. If you found this helpful, please like, subscribe, and leave a five-star review to help others benefit from this series. Until next time, keep aspiring to a better life.
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