She has to be on the title because the HOA requires the approval of non-owner residents.
I'm just curious here, because there's an aspect I obviously don't understand. What does "approval of non-owner resident" have to do with your daughter being on the title? If she's on the title, then "approval of NON-OWNER resident" seems like a mute point, since she would be an owner.
I would think that if your daughter is the one who will be living there and not you, it would be much simpler to just gift her the down payment and only your daughter needs to be on the title, and only your daughter needs to be on the mortgage.
Now in gifting the down payment, the lender will most likely require documentation from you verifing that the down payment is in fact, a gift and further stating and verifying that the recipient of the gift has no obligation to pay it back.
to avoid her getting a gift for 1/3 of the full value of the house.
Why? Are you "in fact" obligating her to pay you back for the down payment maybe? If not, then could you be of the mistaken belief that a tax of some sort has to be paid on a gift? While there is a reporting requirement for the giver of any gift given in a tax year that exceeds $15K, there is no tax assessed so long as the value of the gift is less than $11.4M.
