Legal Question in Real Estate Law in California

real estate power of attorney for hoa

Can the association restrict a relative that has poa from serving on the board.


Asked on 4/11/08, 2:16 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: real estate power of attorney for hoa

Yes. When and HOA is first formed, the governing documents like the Bylaws or the CC&Rs set forth the qualifications to become a board member. The only way to change those documents is by a vote of the membership. If the documents say that board members must be owners of record, a power of attorney will do you no good except in the circumstances where the owner is a corporation. In that case, the corporation can be represented on the board by an authorized officer or director.

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Answered on 4/11/08, 3:12 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: real estate power of attorney for hoa

Yes, if the governing documents support such a restriction.

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Answered on 4/11/08, 5:45 pm


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