TheresaR1 (California)
Posts: 1
Posts: 1
Posted:
I am one of two board members of a HOA. The other owner hired a property manager to represent her and in addition appointed her as power of attorney. Is this a conflict of interest.
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Two Member HOA Conflicts
Started by TheresaR1 • 3 replies • 1563 views
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LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Theresa,
Is this a duplex or two-unit condo with each owner also being a board member?
If there are only two board members then both have to agree to create a majority. The other party may hire however many people as she wishes to (at her own expense) but she will have to get your agreement to do anything as she still has only one vote.
You are not legally required to recognize or accept a power-of-attorney. If your governing documents require board members to be owners, then the other owner cannot allow a non-owner to act in her place.
Is this a duplex or two-unit condo with each owner also being a board member?
If there are only two board members then both have to agree to create a majority. The other party may hire however many people as she wishes to (at her own expense) but she will have to get your agreement to do anything as she still has only one vote.
You are not legally required to recognize or accept a power-of-attorney. If your governing documents require board members to be owners, then the other owner cannot allow a non-owner to act in her place.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Why do you think it's a conflict of interest?
It's no different then an owner who is renting representing themselves. They would want to keep the property attractive, minimize costs and protect their right to continue renting.
It's no different then an owner who is renting representing themselves. They would want to keep the property attractive, minimize costs and protect their right to continue renting.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Theresa. Please clarify. Does the prop. mgr. supposedly have power of attorney AS a board member? Or power of attorney in general for this owner's affairs?
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