Non-owner wanting to serve on Board of Directors

[MarkSHC]

What is the name of your state (only U.S. law)? Pennsylvania

On a related thread, Homeguru stated: only condo owners are allowed to serve on the Board period.

I understand Home guru's statement and that a Power of Attorney from the owner is not sufficient for a non-owner of a condominium to run for a seat on the Board of Directors (unit is owned by spouse's parents).

Would an Assignment of Agent from the owners naming the resident as an agent for the owners be acceptable to allow the non-owning resident to run?

I ask this realizing that a POA allows an individual (the resident) to act on behalf of another (the owner) while an Agent allows an individual (the resident) to act as another (the owner).

[xylene]

You should keep this in your other thread.

Clearly as this has you all hot and bothered to run.

You will need to get a skilled lawyer to review your specific association bylaws and the laws of your state as well as case.

The best answer you will get for free on the internet is - No it is probably impossible, and if it is is impossible won't be free.

Perhaps you should consider a plan to become an owner, as it is the only easily workable route.

[MarkSHC]

>You should keep this in your other thread.

Actually, the other thread was not mine but Sergio's, Unlike many people, I tend to READ other's posts to see if my question has already been asked.

>Clearly as this has you all hot and bothered to run.

More willing than eager would be a better description.

>You will need to get a skilled lawyer to review your specific association bylaws and the laws of your state as well as case.

Perhaps..We shall see as others with a measure of expertise weigh in on the topic.

>The best answer you will get for free on the internet is - No it is probably impossible, and if it is is impossible won't be free.

Again, perhaps. I've received countless answers on the internet to quesitons I've had. Invariably, the vast majority were consise, informative and accurate...and free, too.

Oh, and thank you for your non-answer.

[Zigner]

Excellent way for a newbie to endear himself or herself to the forum...

[private_person3]

Well in all fairness, he was accused of posting a duplicate. And the information that followed was a bit abrupt. I can see why he got offended. And as far as rude responses go, the OP's was rather light.

A simple, "sorry for the mix-up" would probably smooth this over.

As for the OP: I wouldn't take what HomeGuru said to someone living in Cali and apply it to your own just yet. Being a neighbor to PA (I'm in NJ), I know that your state does a few things a bit differently.

This idea of a renter serving on the board intrigues me. I hope someone with more knowledge answers this. If not, please let us know what you find out elsewhere.

Good luck!

[MarkSHC]

>Excellent way for a newbie to endear himself or herself to the forum...

This "newbie" isn't looking to endear himself to the board or some "senior" member. Instead, he's looking for an answer to a question which has not been asked before.

Being a purported expert in a field at Allexperts.com (where individual questions are directed to a specific recipient rather than simply posted on a board), I have no problem saying "That is outside my field of expertise or am unable to help with your specific question."

I, again, ask anyone with expetise in the field of condominiums to view the original question regarding "Assignment of Agent" and provide their opinoin or answer to the specific request concerning a non-owner wanting to serve on Board of Directors.

Thank you.

And to honor private_person3's request: "sorry for the mix-up"

[xylene]

While I regret misconstruing your question as a follow up to an existing thread, I stand by my 'curt' answer.

Even without reviewing your legal position within your bylaws, I see no reason to surmise even as a remote probability that an assignment of agent or any other type of 'super power of attorney' will allow you to force the association to accept your nomination to candidacy for a board membership as a non-owning renter. Especially if they (the board / other members) are disinclined, even slightly, to allow this.

Further I do not understand your unit owner's rationale for conveying such authority to a renting tenant - which would undermine their rights, and probably conflict with their responsibilities as a landlord - which would of course be a separate problem.

[MarkSHC]

>Even without reviewing your legal position within your bylaws, I see no reason to surmise even as a remote probability that an assignment of agent or any other type of 'super power of attorney' will allow you to force the association to accept your nomination to candidacy for a board membership as a non-owning renter. Especially if they (the board / other members) are disinclined, even slightly, to allow this.

Thnak you for your response. Will state law regarding "agent status" supercede condominium by laws and declaration regarding who may run for a seat on the Board? That outcome remains to be seen.

>Further I do not understand your unit owner's rationale for conveying such authority to a renting tenant - which would undermine their rights, and probably conflict with their responsibilities as a landlord - which would of course be a separate problem.

Since you asked so politely:
The unit was purchased by the grandmother of the current resident. At the grandmother's death, the unit passed to the current resident's mother. This is not a "rental" in the usual sense.The current owners have the confidence that their daughter will not use a POA or Agent status to defraud them and fully supports the current resident's desire to run for a seat on the board to bother safeguard the owner's interests as well as to foster a sense of community which the condominium complex currently lacks.

[xylene]

Thnak you for your response. Will state law regarding "agent status" supercede condominium by laws and declaration regarding who may run for a seat on the Board? That outcome remains to be seen.

Well, 'by remains to be seen' you should be prepared for that to mean tested in court in a protracted way, one whose costs would greatly exceed the value of a uncompensated condo board seat.

Since you asked so politely:
The unit was purchased by the grandmother of the current resident. At the grandmother's death, the unit passed to the current resident's mother. This is not a "rental" in the usual sense.The current owners have the confidence that their daughter will not use a POA or Agent status to defraud them and fully supports the current resident's desire to run for a seat on the board to bother safeguard the owner's interests as well as to foster a sense of community which the condominium complex currently lacks.

The unit is a rental in all senses. The tenant occupant is not the owner, and the owner has no rights to occupy the unit - ie the owner is the non resident landlord.

The owner (landlord) has responsibilities to the tenant in landlord tenant law. This relationship cannot be assigned away, even if both the landlord and the tenant find that acceptable and the landlord prefers to forgo collecting any rent or some other family arrangement.

If this board member campaign is truly desired, establishing legal ownership for the occupant daughter in a way that retains residual benefits for the current owner is going to be easier and would not involve either the agreement of the board or a legal finding.