QUESTION: My mother owns a condominium. As her son, I was given a durable power of attorney and conservatorship and would like to run for the board. The HOA says I am not eligible since I am not an owner. My power of attorney allows me to represent my mother's interest in all matters. The condominium is her largest financial asset. Our Trust/Probate attorney believes the HOA is obstructing my lawful authority under provisions of the power of attorney.
ANSWER: Your power of attorney allows you to conduct your mother’s business but it does not allow you to run for the board. If ownership is a requirement for serving on the board, you’re either on title or you’re not. By analogy, running for President of the United States requires that you be a natural-born citizen and at least 35 years of age. If you are a 20-year-old Canadian holding a power of attorney for a 40-year American citizen, your client can run for President, but you cannot.
Authorized Agent. The same analysis applies to "agents" of the owner. If the agent does not meet the qualifications of a director, he/she cannot run for the board.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.