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BettyT4 (Montana)
Posts: 8
Posted:
Can a person who holds a Power of Attorney on behalf of an owner hold office or be a director of the HOA?

I realize that the POA can let the agent vote or attend meeting and so on, but he is just that an agent. Our By-laws state you must be a member to hold office or be a director.
MaxB4
Posts: 3,513
Posted:
The POA does not allow one to serve on the Board as a member is one on title.
BenA2 (Texas)
Posts: 1,273
Posted:
I doubt it but every state has different laws. The first thing I would do is ask to see the document granting power of attorney. My understanding is that even a general powers of attorney specify what authorities are granted even though they may be in very broad terms.
BettyT4 (Montana)
Posts: 8
Posted:
Thank you to both of you. There is a General POA on file. The contract only list the one person as owner. Ill see if we can get a copy of the POA.
KerryL1 (California)
Posts: 14,550
Posted:
There may be Montana law that answered your question, Betty. In CA, one must be an owner (assn. member) to be a candidate for or to serve on the Board as a director. It doesn't matter what the POA says.

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