Does my HOA have the right to see my entire Trust to determine if I can vote in their elections, or just the first page?

UPDATED: Sep 30, 2022

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Does my HOA have the right to see my entire Trust to determine if I can vote in their elections, or just the first page?

My HOA wants a copy of my entire Trust for them to determine if I am eligible
to vote in their elections. I sent them a copy of the first page of my Trust,
which is what other agencies have wanted, but they said they want to see
every page. Is that really necessary? The first page states that I am the

Asked on November 19, 2016 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on whether the first page of the trust contains all  the information they need to determine if you can vote in the election. Being the trustee itself is not automatically enough, since in the body of the trust, there could be restrictions on what the trust can own or on the trustee's authority to make decisions (e.g. vote) which may limit your right or discretion to vote, or even arguably impair the trust's ownership of the property. Therefore, they may have the right to see the entire thing, to make sure that you have the full authority you claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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