Power of Attorney
Question: The By-laws in our HOA defines membership eligibility (i.e., must be recorded owner). Can power of attorney be given and that person serve on Board even though the by-laws do not give authority for "designees"? Answer: A power of attorney may not be used to allow a person designated by a property owner to qualify as a candidate to serve on the association's board of directors. The reason that there is a qualification of ownership is that there is a desire to have persons with a true vested interest in the property making the decisions affecting all the owners. A similar question which is often asked is whether a director can give his or her proxy to another board member or even a non-board member for voting purposes at a board meeting. Again, the answer is: no. Proxies can only used at membership meetings, not board meetings. The reason is that there are generally only five or seven members of the board and this small group of owners is making significant management decisions affecting the community - so at least a quorum of elected board members must meet and confer on these issues without being permitted to allow other people to vote for them. The operation of a community association involves fiduciary duties which requires active attention by all board members.