Non-association member running for the BOD

Started by RickM • 4 replies • 1561 views

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RickM (Florida)
Posts: 10

Posted:

If someone could give me some sound advice it would be greatly appreciated. Our association is coming up for election for the BOD. The election committee is doing a great job in preparing for this election. My wife and I are advisors to the election committee as my wife was on the board and president for eight years in our last community and I was on the architectural committee for that time (two members of the same household couldn’t serve on the same board). The election asked for advise on a resident that lives in the community that isn’t a property owner and has submitted his resume to run for the board. Our CC&Rs state that you must be a recorded property owner to be on the board. Florida statutes that govern homeowners associations also state that you must be a member of the association according to our CC&Rs. Our CC&Rs state to be a member you must be a property owner. This gentleman claims he has Durable Power of Attorney for the property owner who he lives with. As I understand it, Durable Power of Attorney gives him the power to handle the affairs of the principal that executed the DPOA, not to run for an office that the principal is qualified for and he is not. Roger if you could advise us or if anyone has had the same situation in your association could you let me know how it was handled. I don’t want to interfere with anyone’s rights. Thank You

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

RickM,

Ask to see the durable power of attorney, see how broad the powers are delegated, is it signed by a notary public, does your state require witnesses to watch and sign the document? The association should have record of this or proof it is filed at the local land records office (assuming it is required to be so filed). When does the dpoa terminate, upon death or incapacitation?

Given your sightings regarding Florida statutes and your by-laws, the dpoa does not qualify the eager volunteer to be on the board as a matter of fact you'd be making an exception and not in compliance.

My HOA/COA has many residents that are not owner's of record who are considered associate members. They are crucial volunteers on various committee's and contribute much to our community.

Best of success!!
GeraldT1
NNJ

RogerB (Colorado)
Posts: 5,067

Posted:

Rick, based on what you state as qualifications to be a Board member I agree with Gerald.

RickM (Florida)
Posts: 10

Posted:

Thanks for your assistance. My recommendation to the election committee will be to seek advice from the association’s attorney. The BOD has given them access to him for any legal questions on the election. Thanks again.

LupeD (Arizona)
Posts: 4

Posted:

we already have a person of questionable ownership on our
board. per the county court records he is a grantee on this
property conveied a life estate. on the tax records the owner
is his nephew and his sister. no where is his name mentioned.
he now the treasure of our board. going over the quitclaim
deed the nephew is the grantor, with grantees nephew and sister as tenants in common. is he an owner?? please help
because he has been making committments with money belonging
to the association.

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