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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118286
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Why can't a power of attorney sit on a HOA board : Florida :

Customer Question

Why can't a power of attorney sit on a HOA board
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Florida
JA: Have you consulted a lawyer yet?
Customer: No, my daughter who owns the home is working in England and lives there
JA: Please give me a bit more information, so we can help you best.
Customer: If she becomes incompacinated why can't I serve on the board
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: No, I don't think so. Is her rights being violated as an owner?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Florida laws, corporate law and HOA law, allows a power of attorney for voting purposes only, but the laws preclude a power of attorney on a board of directors or to be exercised at a board meeting. If you are not the owner and do not meet the qualifications to serve on the board on your own, then as a power of attorney corporate law and HOA law says POA is not allowed in a board of directors. If she were to become incapacitated, the board would be able to replace her.
Her rights as an owner are not being violated, as she is allowed by FL law to participate in meetings by phone or by video on a computer, but if she is the owner and is on the board, she has to be the one to appear, not her proxy.
You cannot serve on the board unless the board allows non-owners on the board, the law prevents proxies on a board of directors.