Can a renter be appointed to a condo HOA Board of Directors (even if the owner of their unit gives them a power of attorney)?

Asked 11/13/2009 under Real Estate | 440 View(s) | More Legal Topics

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The appointment members to a condo board is governed by the procedures set forth in the bylaw/conodminium documents that the owners get when they purchase their unit.  If the bylaws state that only owners are alowed to be on the board of directors then the rental is not permitted to be on the board unless the bylaws are amended bya vote and thereafter modified.  However, if there is no clause that speaks to the whether or not a renter may be on the board, and the owner provides a power of attorney to make decisions for them, the there should not be a problem.  furthermore, the fact that the  owner is giving POA to the renter, the renter is acting through the owner so there should not be an issue even if the bylaw prohibited renters from being on the board as the renter is acting throught the owner.

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