Duarble Power of Attorney to serve

Started by WendyM2 • 4 replies • 940 views

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WendyM2 (Texas)
Posts: 1

Posted:

We have a board member of one year who is actually the daughter of the homeowner. She holds a Durable Power of Attorney for ALL her parent's affairs. Does this qualify her to serve on the board of directors.

MarkM31 (Washington)
Posts: 494

Posted:

Varies by state, but the answer is probably yes.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My initial blush is no she cannot serve if your Covenants call for a BOD Member to be an owner. She might have POA, but she is not an owner.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It will depend on what, if any, qualifiers there may be on who may serve.

As John pointed out, if there are no qualifiers - then anyone can serve.
If there are qualifiers that require ownership - then no, they may not serve unless their name is actually on the deed.

CjS (Maryland)
Posts: 21

Posted:

I would ask to see the terminology, many POA list out exactly what can and can't be covered.

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