Can a POA allow my unmarried partner to attend board meetings with me or in place of me?

You say they allow another neighbor to do exactly the same as you are asking, when questioned about this what is their response?

How do they check people in attendance are even members in the first place? Just curious. Unless someone actually states their relationship to the HOA, I would have no way of confirming until actual paperwork research.

Here's the deal... You say they don't like you. So what? Has someone come up to you and just told you flat out "We don't like you and please don't attend meetings?" Liked or not, you can attend. Only you can control the reactions you get. Just because your outvoted or idea is turned down does not equal hate.

Can you both attend meetings together? Maybe make your partner the person they would rather deal with? If they like your partner, then they may just encourage them to attend versus you. Let your partner handle the issue and not you. Stay out of it. If they feel it's because your partner is truly interested in participating and listening, then the more likely they will accept them. You being involved may make it seem like it is YOUR issue and what you want. If they truly do not like you, why would they give you what you want?

The board replied, regarding my general POA, that if my partner attends board meetings, they will have him physically removed from the premise and will bill the expense to me. The association atty did say that my partner may attend the annual unit owner meeting to vote on my behalf (but a proxy can do this, and a formal POA is not needed). I think they're trying to screw with me.

The board has instituted a sign-in sheet at meetings to give the facade that they are monitoring who attends meetings. I emailed the PM today letting her know that I see non owners and a person holding a POA attending board meetings. No response.

Send it certified return receipt. So you have a proof. Start a paper trail.

As some have stated, a general vs. healthcare POA aren't the same thing, although it can be written to cover healthcare and other issues. Usually the healthcare POA is used for someone to make healthcare decisions (such as whether to do surgery) when the person issuing the POA is incapacitated (e.g. in a coma). A general POA also kicks in when the person is INCAPACITATED and the POA can then making other decisions on his/her behalf (depending on what authority's listed in the document).

You'll have to speak to your own attorney for more information on what POAs can and can't do, but I would think since you're not incapacitated, there's no reason for your partner to attend. You didn't say if your neighbor is incapacitated in some way - if so, his brother probably has a right to be there because he's acting in his stead.

HOA meetings don't necessarily have to be open to people who aren't members (homeowners), and since your partner isn't on the mortgage, he isn't a homeowner. Check your documents to see what it says. In some states, there's an open door law regarding public meetings, but they may or may not apply to HOAs because those laws are usually written for government agencies - and HOAs aren't government agencies. Your state may have a website on that issue, so check it out as well.

Finally, regarding "the board doesn't like me" issue, it sounds like you have a personality conflict with one or several board members. As a homeowner you still have a right to attend meetings - are there other members on the board or perhaps a neighbor that can help mediate a meeting to get the personality conflicts hashed out?

Joe,

It was not clear from your post but are you and your partner trying to attend the meetings together or does he try to attend when your health does not permit it?

The reason I ask is that my understanding of the Federal Fair Housing Act is that an association must make a reasonable accommodation for persons with disabilities. My interpretation would be if you are unable to attend a meeting due to health problems then the association would be in violation of the FHA for refusing to accommodate your representative.

If you are simply trying to bring your partner with you into a meeting as a guest then the association may have the authority to bar him from entering. In my state the law specifies that a member may appoint someone to attend the meeting in his place; nothing in the statute explicitly states that both the member and his representative may attend at the same time.

There may also be another element that falls under the FHA. You did not state it explicitly but it sounds like you may be in a gay relationship. I do not know whether sexual orientation falls under the authority of the FHA but it does appear that there is one set of rules for you and another set of rules for others, suggesting that the motive is to discriminate.

Since there is the possibility of two distinct violations of the FHA, I suggest that you find out where to file a complaint and go do it.

Joe,

They should allow your wife to attend in your place as your personal representative.
If you are with her, that is a different issue.

Additionally, proxy appointments are typically only good for 11 months. Therefore, you may have to resubmit paperwork on a yearly basis. You wouldn't have to do that in my Association, but it appears you may need to do this with your Association.

Usually there is a clause in most docs that allows this to occur with an agency agreement or limited power of attorney. check you docs.

JohnB26:

I would disagree with you to an extent ... if my HOA had a board meeting and I gave a proxy to someone to attend on my behalf then that individual would have any and all rights to attend. Laws vary by state .... In CO and many other states the members are to be notified of BOD meetings and can attend or have a proxy attend on their behalf.

Joe - Can we see what they wrote to you? Thanks.