Limited Power of Attorney for Tenant Necessary?

I'm currently the Secretary of our Association Board.

We have a tenant that lives in one of the units who states she is taking over the "property management" of the unit.

I just received an e-mail from her father (homeowner) today and he stated that he has "appointed his daughter to manage the property." He has recently moved out of the area and is probably just passing on the responsibility.

Two concerns here: First, the daughter has known mental health issues which have been a problem in the past. Two, isn't a Limited Power of Attorney required for the homeowner to do something like this?

Is there a civil code citing this or when your CC&Rs/Declaration speaks of "members" (homeowners), that is the extent of whom we should be communicating with?

Thanks!

Not quite sure what your concerns are or what you now hope to accomplish.

Simply put the homeowner can appoint any person to manage their property such as a real estate agent or property manager.

This would require simple notification without the need for a POA.

We have several units with out of state owners who have their units mama need by others. In this case that other happens to be the owner's daughter.

Why do you wish to hinder this arrangement? Why do you feel the need to impose addition unnecessary paperwork.

Rather simple, the contact person for this property from this point on would be the daughter.

The 'manager' would NOT be a member of the association.

The member/owner may have whomever they wish 'manage', but, the member/owner is still the responsible party and the 'communicant'.

How their mail is 'picked up' is their business.

But they are contractually the member/owner REGARDLESS.

For voting, they need to appoint an actual proxy.

Their POA may, or may not, include proxy powers.

IMO: For any 'official' important business the HOA should deal with the actual member.

"Membership is appurtenant to and may not be separated from ownership." is the general legal wording found in most Covenants.

D'OH

Linda ... Keep in mind it does not matter if the HOA believes the daughter has any mental health issues as that is a mute point. The issue is the parent has put the HOA on notice that his daughter is managing his affairs with regards to his property and is his right to designate. The parent and current owner is elderly and at some point most likely the daughter will inherit. It potentially would be best interest to have somewhat good relationship now than major battles in future because daughter has vendetta for past treatment by HOA. Potentially for voting issues the parent needs to follow the governing docs and your state laws.

Of coarse NpS knows it is impossible to "evict" any property owner anywhere in the US

I make no apologies for my tongue-in-cheek comments. My opening remark was that nearly 1 in 5 Americans suffers from some form of mental illness. If yours is a 100 unit community with 200 residents, that means that nearly 40 people in your community are afflicted. Yet you want to take action against one person because she is mentally ill and she and her dad informed you that she will be taking care of things now that her dad has moved away. In this latest post, you add that you consider her disruptive and she made a scene one time.

In your prior thread, which I consider to be identical to this one, I made the following recommendation:



Apparently you didn't like the empathetic approach. So you started a new thread. And when I asked why you were raising the same issue again, you never responded.

Let me offer another scenario that could just border on reality. After you received the daughter's letter that she was taking over, your response was so "snide" that she turned to her dad in distress. He then wrote a second letter confirming what the daughter had said in her first letter. His letter settled her down, because as we know, he is trying to keep the peace.

But you seem to want to pursue this mental health issue even further. Maybe it's time for you to reconsider your own actions before taking offense at a few tongue-in-cheek comments I made.

We're not always nice to each other. But we do all care about each other. Kind of like a family. Nice to see that you've got a little tongue-in-cheek going on yourself. Welcome to the fray.

Linda,

I think that asking the father was the right move. After all, such notification should come from the member.

Trust me, if being perfect was a requirement to participate in this forum, nobody would be here (at least I know I wouldn't be). To see it from our perspective, when a question about an issue gets asked a different way, it looks like the member was shopping for answers (i.e. looking for the answer they wanted to hear). Shopping for answers typically doesn't help anyone. Fortunately, it appears our perspective was wrong and you were simply asking for clarification.