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?
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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
Trustee.
Asked on November 19, 2016 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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