[Etiels]

I live in Southern Califonia in a condominum that is owned by my mother. Because my mom lives out of state, I have her power of attorney regarding the condominium.

My question is, am I eligible to run for the Board of Directors? I've been very active in the condo community for many years, and quite a few people have asked me to sit on the Board. I'm not sure I legally can. My mother says she can supply the written POA, if necessary.

Anyone have any ideas? Thank you

[ScottGem]

Depends on the by laws of the condo association. If they specify only owners can sit on the board, then you probably can't. If its not specified, then you may be able to.

If you have been active, you should have a copy of the by-laws.

[excon]

Hello Et:

Here's my take on it. YOU (Et) aren't eligible to run. Your mother is. Due to your POA, you ARE (for all intents and purposes), your mother.

The only reason you have a POA, and why you need one is to allow YOU to act as a "member". If "members" can run for office, your mother/you can too. In my view, the board couldn't tell a member that he is only covered by PART of the CC&R's, (and they'll decide which part, thank you very much).

You may very well, have to put your mother up as the candidate.

Certainly, if you ASK them (the board) if you can run, they'll tell you no. But it isn't up to them. I would just run as though you are supposed to, and let them be the ones to challenge it.

Of course, I could be all wet. I am an exconvict for crying out loud.

excon

[ScottGem]

I have to disagree somewhat with excon here. A POA does not make you an owner. It simply authorizes you to act for the owner whenever necessary. Running for the board is not a necessary action you would partake on the part of the owner. So, if the bylaws specify that you have to be an owner then you don't qualify. If they don't so specify, then run and see if they try to stop you and on what grounds.

[Etiels]

Thank you both very much for your thoughts.

I'll let you know how this plays out

Elaine