homeowner's representative

Started by RalphB5 • 7 replies • 163 views

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RalphB5 (Florida)
Posts: 26

Posted:

Was ask by an out of area friend the following what is required to be an authorized lot owners representative to represent them in matters relative to an HOA assoc., other than a written authorization bY the lot ownern in the state of Floprida? IE. does the authorization require it to be notaRIZED, POWER OF ATTORNEY BY LOT OWNER REQUIRE DETC. i CAN'T FIND EVEN A DEFINITION OF AUTHORIZED REPRESENTATIVE IN THE STATUTES ETC.

TimB4 (Tennessee)
Posts: 21,059

Posted:

You are either assigning someone to be your proxy representative or giving someone your limited power of attorney.

Power of attorney are typically notarized.

Proxies may or may not be notarized. Ask your Association if they require all members who assign proxy representatives to be notarized or just you.
If it's just you, you may have cause for legal action.
For legal action, you would need to contact an attorney.

With that said, most banks will offer notary services to their members.
You may want to check that out.
Proxies are good for one year.

For information on proxies, see FL 607.0722 Proxies

ElleN (Idaho)
Posts: 1,334

Posted:

Your friend needs to give you (or someone else) a power of attorney. Florida requires that the POA comply with FS 709.2105

Here's a form:
https://www.northmiamifl.gov/DocumentCenter/View/13746/Florida-Limited-Power-of-Attorney-PDF

In the powers section, your friend wants to be super specific. Preferably an attorney prepares this paperwork. Why? Because there are too many land mines here if the agent oversteps.

See also:
https://www.floridacondohoalawblog.com/2019/11/26/the-use-of-a-power-of-attorney-document-at-association-meetings-and-elections/

and

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/0709.html

In addition the HOA's bylaws must be followed. The bylaws may require the completion of a proxy form anytime there is a vote by the owners.

RalphB5 (Florida)
Posts: 26

Posted:

ELLEN, THANKS FOR THE INFO. The person has a notarized letter to the board that she (the owner of the lot) has authorized the person to be her authorized representative her in matters relating to the HOA. They requested to inspect /copy public records and was denied by the board( on the advice of the assoc. attorney) as not being on the deed of the property and thus could not request mpublic records of the assoc. Their governing documents of the HOA and the Fl Stat under 720 statute that a lot owner or their representative have the right to inspect/copy records of the assoc. Any suggestion as to how to proceed? thanks

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By RalphB5 on 03/23/2025 5:11 PM
The person has a notarized letter

In my opinion this is not good enough. Complete the POA form, following its instructions to the letter. Send the form to the HOA, certified mail, return receipt requested.

Quote:

Posted By RalphB5 on 03/23/2025 5:11 PM
They requested to inspect /copy public records and was denied by the board( on the advice of the assoc. attorney) as not being on the deed of the property and thus could not request mpublic records of the assoc. Their governing documents of the HOA and the Fl Stat under 720 statute that a lot owner or their representative have the right to inspect/copy records of the assoc. Any suggestion as to how to proceed? thanks

Complete the POA form. Attach a short letter quoting verbatim what FS 720 says, like this:

Dear HOA Board,

I enclose power-of-attorney paperwork authorizing Jane Doe to be my authorized representative for the puprposes of inspecting and copying records, pursuant to FS 720.303 (5) (a). I request a time and place for my authorized representative to inspect and copy the following records:

record ___
record ___
record ___

Please respond within ten days to this request.

Thank you,

RalphB5 (Florida)
Posts: 26

Posted:

Ellen, Greatly appreciated Thank you

JesseE1 (Florida)
Posts: 9

Posted:

I would agree with Ellen, as we are having a similar issue. Mom & Dad own the home, son and spouse live in it. Son has been told he needs a POA.

RalphB5 (Florida)
Posts: 26

Posted:

Still not resolved, what part of Fl. do you live in. Does the assoc attorney say what Fl. Stat or state law requires a poa to request records? m ine won't tnx

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