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FreddieC (California)
Posts: 4
Posted:

My grandfather is the legal owner of the unit in which I reside in, which I have been living in for the past 15+ years. I do not pay nor owe rent to my grandfather, my only responsibility is to take care of the utilities, association dues and property tax. He's been out the country for 15+ years and will indefinitely be out of the country due to his physical and mental state.

The current board elected president says that because my name is not recorded as the deed holder with the County Recorders Office as a legitimate owner, I am considered as a "tentant" and therefore I do not have the right to participate in the association meetings nor the right to vote.

Can someone verify what the current board elected president saying is true? Is there some sort of a document in which I can have a relative, who has been assigned power of attorney over my grandfather's property sign a document stating that I am authorized to vote on his behalf without having power of attorney assigned to me? Any help in this matter woulod be greatly appreciated.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
the board is correct ... unless you are a deed recorded owner you are NOT a member of the HOMEOWNERS association ... whether or not PROXY voting is permitted?
JamesG (Connecticut)
Posts: 83
Posted:
As regards to voting - my thoughts:

You should be able to represent your grandfathers interests by voting his proxy at a meeting. The proxy must be signed by him as the owner of record or by his legally authorized representative (power of attorney).

You need to find out if your association permits voting by proxy and what the process is to obtain a proxy form in advance of any meetings where voting will take place.
PjW (Virginia)
Posts: 71
Posted:
Definatly find out what the documents of the community say. In ours, we let tennants vote if they hold the proxy of the owner. In fact we let them on the board with a proxy.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Freddie - you need to find out what your grandfather's plans are for ALL his affairs in the States.
Does he have an attorney? Perhaps he/she can get this proxy for you.

Also, what if he should die? Have you planned for the future?
FreddieC (California)
Posts: 4
Posted:
Hi John,

Yes, proxy voting is permitted.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Freddie,

Since proxies are allowed, have your grandfather sign a statement giving you his proxy. Then you can attend the meetings, participate in the discussions and vote on his behalf.

For a more permanent solution, have him give you power of attorney for all matters involving the Association, including representation at all meetings/votes.

Tim
FreddieC (California)
Posts: 4
Posted:
James: I have a signed proxy from his legal representative who holds the power of attorney. However, the current board elected president is saying that proxy can only be assigned from "owner" to "owner" and not "owner" to "family member." Is this correct? Is there any way around this or can the CC&R be modified to allow "family members" be assigned proxy?

PjW: Please see above

Susan: At this time, I don't know what his plans are for his affairs in the state. My relative who has power of attorney has not decided what will become of his property should be expire anytime soon.

Tim: Please see above
TimB4 (Tennessee)
Posts: 21,059
Posted:
Freddie,

I looked it up. Per Davis-Sterling, they are correct. The following link to Davis-Sterling.com is provided:

Who May Serve as Proxy

Tim
FreddieC (California)
Posts: 4
Posted:
Hi Tim,

Thank you for the link. I guess my next question is whether or not the CC&R can be modified to include family members. I may need to consult a lawyer to find that answer.
GlenL (Ohio)
Posts: 5,491
Posted:
Most CC&R's refer to the homeowner or their authorized agent (sometimes called a representative) as being able to attend meetings and speak, this won't help you with the vote problem but it should at least get you in the door at meetings.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By FreddieC on 05/05/2011 11:40 PM
Hi Tim,

Thank you for the link. I guess my next question is whether or not the CC&R can be modified to include family members. I may need to consult a lawyer to find that answer.

Freddie,

As I understand it, the issue is with State Law and not your CC&Rs. Therefore, until CA law is changed you will not be able to serve as a proxy.

If your governing documents only allow members to attend meetings, then, as I understand it, CA law will support that action and you will not be allowed to attend the meetings either.

If you look around the davis-sterling.com web site you will probably find answers to other questions you have. If not, please post them here and everyone will try to answer them for you. At the very least, we can offer you an opinion.

Tim
SusanW1 (Michigan)
Posts: 5,202
Posted:
Freddie - see the Membership section on that link.

If there is a trust, and you are one of the trustees, you MAY have some rights.

See if you can be put on the deed. That would help, also.

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