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TeresaB4 (Florida)
Posts: 4
Posted:
New here, I wanted to know if you can use a Power of Attorney for voting rights on a dwelling. I have read our HOA Declarations and Bylaws and nowhere does it state that this may be done. We have a HOA which is still under the Developer at this time but we are approaching turnover within the next year. We have committee memebers who are serving that are not owners of record. This is very disturbing. Can anyone give me any advise.

Thanks
T
RogerB (Colorado)
Posts: 5,067
Posted:
Teresa, read your Bylaws. They should give you some or all of the answers to your questions. Do they state that committee members must be owners of record? If not, then anyone can be a committee member. Power of Attorney is usually not address in the Bylaws except under the category of Proxies. If proxies are allowed then the Power of Attorney may be honored IMO.
TeresaB4 (Florida)
Posts: 4
Posted:
I have read and reread the bylaws, and they plainly state that you must be an owner of record. Quote from our Bylaws "Owner" shall mean and refer to the record owner, wheater one or more persons or entities, of the fee simple title to any Dwelling which is a part of the Properties, including contract sellers, but excluding such interest merely as security for the performance of an obligation. The term "Owner" shall include Declarant for so long as Declsarant shall hold title to any Dwelling or Parcel.

By the way we are in the state of FL. and I know that some new laws have been passed here for HOA's.

Proxies are allowed at Annual meetings only. Which also blows my mind.

Thanks
T
DonnaS (Tennessee)
Posts: 5,671
Posted:

Does not Power of Attorney assume all rights in regards to decision making of the individual that they have power for? I would think that the POA could vote despite what the Bylaws say. I had POA for my Mother and I signed everything, including legal matters.
TeresaB4 (Florida)
Posts: 4
Posted:
I would assume under certain curcumstances it should. However the only reason this individual has a POA is because he filed Backrucy in an other local county, and was foreclosed on. And his father purchased this home for him, so that he would have a place to live.

I think under these circustances he should not have POA, and if he does then it should be reported to the BR court in the county in which he filed so that legal action prevents him from being or having POA in this commuinty.

I don't want to sound mean, but this person is a bully in the community, and has a current and ongoing lawsuit with his neighbor. This commuinty is really confusing. We have 3 builders with 402 homes to be built. I think everyone should come together as one and not as 3 seperate entities trying to control the HOA.

We have more problems than I can mention, and this is just one.

On another note, a daughter of an other home owner is on the same committe as the person above by POA, and the owners are currently behind in dues which prevents them from having any right to vote at this point. But the BOD do not care.

Just my thought.
JeffP6 (Florida)
Posts: 91
Posted:
Quote:
Posted By TeresaB4 on 11/18/2010 8:44 AM
I have read and reread the bylaws, and they plainly state that you must be an owner of record. Quote from our Bylaws "Owner" shall mean and refer to the record owner, wheater one or more persons or entities, of the fee simple title to any Dwelling which is a part of the Properties, including contract sellers, but excluding such interest merely as security for the performance of an obligation. The term "Owner" shall include Declarant for so long as Declsarant shall hold title to any Dwelling or Parcel.

By the way we are in the state of FL. and I know that some new laws have been passed here for HOA's.

Proxies are allowed at Annual meetings only. Which also blows my mind.

Thanks
T

Are proxies except for the annual meeting prohibited by your bylaws?
TeresaB4 (Florida)
Posts: 4
Posted:
Proxies are only mentioned in our Covenants and Bylaws under Special Assessments and Notice of Meeting and Quorum, in which said Notice of meeting is only for Annual Budget meeting. It does not state anywhere else in the articles about proxies.
MaryA1 (Arizona)
Posts: 388
Posted:
Teresa,

It appears that proxies are allowed for all meetings of the members; therefore I would say that a power of attorney should be honored.

As for non-members serving on committees; as long as the developer is in control there isn't much you can do about that, even if it does violate the bylaws.

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