Legal Question in Real Estate Law in California

Re: Power Of Attorney & Voting In General Elections

Yes, so long as the principals are alive and competent.

Re: Power Of Attorney & Voting In General Elections

This is a difficult question and I don't know the answer for the specific situation of a condo. In the somewhat analogous situation of voting corporate stock, the Corporations Code, section 702(e), provides that the holder of a power of attorney authorizing the attorney in fact to vote the shares may indeed be allowed by the corporation to so vote, without the necessity of transferrring the shares into the name of the attorney in fact.

Also, reading the Probate Code, sections 4450-4465, regarding construction of the powers granted by a power of attorney, one would gather that the right to vote in a condo board election is consistent.....see, e.g., section 4453(c).

I would also suppose that an attorney in fact could be a board member, but I would want to read the bylaws and other rules before making that a firm conclusion.

These are hypotheses only, based on general principles of law, and should not be relied upon as authoritative.