Does a homeowners assocociation have to recognize a resident’s Power of Attorney given to a non-resident?
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Does a homeowners assocociation have to recognize a resident’s Power of Attorney given to a non-resident?
An owner said she will appoint a POA. The person is not an owner or member. Can he speak for her at a meeting?
Asked on February 13, 2011 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, the person with the POA can do anything the person granting the POA can do, IF the POA is set up to give that person such broad, plenary power. That is, a POA can given someone certain narrowly defined powers or it can grant full legal power to basically do everything. If this POA either gives the recipient of it powers specifically relating to real estate and/or broad, "anything goes" powers, that person should be able to speak for the granter at HOA meetings and otherwise act on his/her behalf in regard to real estate. However, if the POA narrowly grants powers having nothing to do with the real estate or HOA, then the recipient cannot speak or act. The HOA as the right to see the POA and see what powers are in fact granted.
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