HOA Member or agent?

Started by JoelM1 • 19 replies • 2111 views

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JoelM1 (Pennsylvania)
Posts: 61

Posted:

From the MD HOA act:

"(1) Subject to the provisions of paragraph (4) of this section, all meetings of the
homeowners association, including meetings of the board of directors or other governing
body of the homeowners association or a committee of the homeowners association, shall
be open to all members of the homeowners association or their agents;"

Could someone explain what a member's agent would be?

GlenL (Ohio)
Posts: 5,491

Posted:

Their attorney or other designated person. For instance the homeowner could give their child a simple power of attorney to attend the meeting in their place.

Studies show that 5 out of 4 people have problems with fractions

JoelM1 (Pennsylvania)
Posts: 61

Posted:

Quote:

Posted By GlenL on 08/30/2010 11:28 AM
Their attorney or other designated person. For instance the homeowner could give their child a simple power of attorney to attend the meeting in their place.

Thanks for the response Glen.

The child example is the actual situation that lead to my question. I suppose it is probably rather common - a parent officially owns the property but the child really the one living in that property. What would it take for the child living at the peoperty to be considered a "member's agent?" Does there need to be an actual legal document? Is it as simple as the property owner putting in writing that the child can act as the agent for them which would allow the child to attend a board meeting?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Joel,

The AZ open meeting law states that all meetings of the assn are open to ". . .all members of the assn or any person designated by a member in writing as the member's representative. . .". So a letter to the board naming the personal representative should do the trick. With regard to children living in the parents' home, I would strongly suggest the parent(s) send a letter to the board naming their child as their rep. There should be no need to go the route of obtaining a power of attorney unless the member wanted their representative to be able to vote for them.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By MaryA1 on 08/30/2010 2:52 PM
So a letter to the board naming the personal representative should do the trick.

Not to belabor the obvious but that is a type of power of attorney.

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

It CAN means many things. A signed proxy form could also allow someone to act as an agent.

If thhis is an issue, perhaps the board needs to pass a rule or regulation further defining "agent", as it applies to your HOA.

SureshD
Posts: 268

Posted:

As long as "define" does not restrict who can be an agent.

I think what you want is to define how the HOA is duly notified as to who the agent is.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glen,

The big difference is that a POA must be notarized but a letter written to the board designating your representative does not. The point is that there is more involved in obtaining a POA and there is no reason to go to that trouble. A simple letter to the BOD should suffice.

GlenL (Ohio)
Posts: 5,491

Posted:

Mary not all PA's need be notarized; a proxy for example is a PA that doesn't require it to be notarized as is the letter you described.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

Mary not all PA's need be notarized; a proxy for example is a PA that doesn't require it to be notarized as is the letter you described.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glen,

I don't believe a proxy or a letter designating a representative are POA's, at least not in the legal sense. Any document that is not notarized could be challenged for its authenticity, thus the reason for notarizing a POA. But, I'm not an attorney and what I've posted is only my opinion.

GlenL (Ohio)
Posts: 5,491

Posted:

Mary, I'm not an attorney either and we're really arguing semantics but anytime you give another person authority to act in your place; even verbally that is a power of attorney.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

Mary, I'm not an attorney either and we're really arguing semantics but anytime you give another person authority to act in your place; even verbally that is a power of attorney.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Gary,

FYI from the Law Guru. Incidentially, I checked a number of sites and the answer was always the same -- a POA must be notarized. Sorry!

Question
Does a power of attorney have to be notarized in the state of residence or can it be notarized in a different state?

Answer
As long as it's properly notarized in whatever state it's signed in, there should be no problem.

Michael E. Hendrickson
Attorney-at-Law

GlenL (Ohio)
Posts: 5,491

Posted:

Mary, you do love to argue over minutia not to mention getting the last word but not all type's of PA's need to be notarized. It all depends on what it is to be used for; a General Power of Attorney, Health Care Power of Attorney, "Durable" Power of Attorney etc. should be notarized. While you could notarize every note you give someone allowing them to act in your place - proxy, letter allowing the child to attend HOA meetings, etc it would be ridiculous. If I had known you would jump on a simple phrase like a duck on a June-bug; I would have dumbed the answer down even more.

I hope this will make you happy: Joel, the parents would simply need to provide the child with a letter aka Special Power of Attorney naming the child as their agent to allow them to attend the HOA meetings. They would also need to provide a letter revoking the child's agent status if they no longer wanted them to be an agent. Some jurisdictions also place a time limit on how long a PA is valid for.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

I don't know why my posts are suddenly posting twice, I only hit the button once.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

I don't know why my posts are suddenly posting twice, I only hit the button once.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glen,

You said: "Mary, you do love to argue over minutia not to mention getting the last word. . ." Shades of the pot calling the kettle black! LOL

JoelM1 (Pennsylvania)
Posts: 61

Posted:

Quote:

Posted By GlenL on 08/31/2010 9:35 PM
I hope this will make you happy: Joel, the parents would simply need to provide the child with a letter aka Special Power of Attorney naming the child as their agent to allow them to attend the HOA meetings. They would also need to provide a letter revoking the child's agent status if they no longer wanted them to be an agent. Some jurisdictions also place a time limit on how long a PA is valid for.

Allow me to get the last word in.... Yes it does make me happy. This is a case where the daughter lives in the home, and really should be the one to attend HOA meetings and vote etc. The board is doing everything in their power to prevent her from attending a meeting - which I think is wrong. So, I am glad it is a simple process for her to be in a position to legally attend the meeting

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