Get 1 year of free community web site hosting from Community123.com!
Thursday, December 09, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Power of attorneys
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
BettyT4
(Montana)

Posts:8


07/16/2021 2:42 PM  
Can a person who holds a Power of Attorney on behalf of an owner hold office or be a director of the HOA?

I realize that the POA can let the agent vote or attend meeting and so on, but he is just that an agent. Our By-laws state you must be a member to hold office or be a director.
MaxB4
(California)

Posts:1614


07/16/2021 2:58 PM  
The POA does not allow one to serve on the Board as a member is one on title.
BenA2
(Texas)

Posts:1114


07/16/2021 3:09 PM  
I doubt it but every state has different laws. The first thing I would do is ask to see the document granting power of attorney. My understanding is that even a general powers of attorney specify what authorities are granted even though they may be in very broad terms.
BettyT4
(Montana)

Posts:8


07/16/2021 3:17 PM  
Thank you to both of you. There is a General POA on file. The contract only list the one person as owner. Ill see if we can get a copy of the POA.
KerryL1
(California)

Posts:8734


07/16/2021 4:02 PM  
There may be Montana law that answered your question, Betty. In CA, one must be an owner (assn. member) to be a candidate for or to serve on the Board as a director. It doesn't matter what the POA says.
Please login to post a reply (click Member Login on the menu).



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement