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Subject: Can the children of an incapacitated HOA member vote in HOA business if they have a General Power of Attorney?
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Author Messages
ScottJ9
(Arizona)

Posts:1


03/28/2021 2:36 PM  
I am president of the BOD in an AZ HOA. We are a 55+ community of 70 owners and have at least 4 owners who are incapacitated by Alzheimer's or similar. Their children are handling their affairs. We are soon to vote to approve new CC&Rs and new Bylaws. If these children have a General Power of Attorney, can they participate in these votes on behalf of their parent? If so, would the HOA need a copy of the GPOA?
JohnC46
(South Carolina)

Posts:10944


03/28/2021 3:02 PM  
I say they can vote but I would want the associations attorney to review the POA first.
KellyM3
(North Carolina)

Posts:1695


03/28/2021 5:44 PM  
Do what is right by the owners who are now suffering Alzheimer's or Dementia if these owners are, otherwise, upstanding owners.
NpS
(Pennsylvania)

Posts:4170


03/28/2021 7:03 PM  
Posted By JohnC46 on 03/28/2021 3:02 PM
I say they can vote but I would want the associations attorney to review the POA first.


I would not spend money on attorney. If on retainer, different story.

If you get a POA and no one else attempts to vote for that household, I see no reason to challenge the validity.

If you get 2 conflicting POAs, that would be different.



Sikubali jukumu. Read all posts at your own risk.
CathyA3
(Ohio)

Posts:1881


03/29/2021 4:43 AM  
Yes, the HOA should have a oopy of the POA on file. You'd want it if, for instance, down the road someone wanted to challenge the results of a vote and claimed that "unqualified persons" were allowed to vote - or for reference by future board members who were not involved in making this decision. (It can be hard for HOAs to maintain institutional memory since board members come and go.)
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Forums > Homeowner Association > HOA Discussions > Can the children of an incapacitated HOA member vote in HOA business if they have a General Power of Attorney?



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