Can a POA represent the actual owner on a condo board?

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Can a POA represent the actual owner on a condo board?

An owner in a condo association wants the person (non-owner), who she has given a power of attorney, to represent her on the board. The by-laws only allow for one representative per unit and that person has to be an owner.

Asked on June 7, 2012 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One would need to read the by laws in order to see if your interpretation is the correct one.  A Power of Attorney allows a person to stand in the place of the eprson for whom it is enacted (the principal) and I would be hard pressed to think that a person could not transfer their right to another to act on their behalf if they could not for some reason appear.  If, however, you believe that there is some other unscupulous motive here then that would be a different issue to bring up with your lawyer.  Good luck.


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