Trustee / Power of Attorney
Posted 28 January 2013 - 12:52 PM
Posted 28 January 2013 - 01:43 PM
Can a trustee of a trust holding a condo property who is also power of attorney for the owner be a member of the board?
I'm going to guess that the person in question actually is a member of the board. Otherwise, why would you be asking the question? If that's right, then the answer to your question about whether it is possible seems obvious.
I was under the impression that board members had to be an owner.
First of all, you speak of a trustee of a trust that "holds" condo property, but then you speak of a different person as the "owner." Who is the actual owner? The person you describe as owner? Or does the trust own the condo? If the "owner" owns the condo, then what is the relevance of the trust and what do you mean when you say that the trust "hold[s] [the] condo property"? If the trust owns the condo, then who is the person you describe as "owner," and why are you describing him/her as such?
Second, and while I doubt the power of attorney means anything here, a "power of attorney" is a document, not a person. When you say that the trustee "is . . . power of attorney for the owner," I assume you mean that the "owner" executed a power of attorney that designated the trustee as the "owner's" agent. But you didn't say anything about what power was conferred by the power of attorney. A power of attorney simply gives one person (the agent) power to deal with third parties on behalf of the person who executed the document (the principal) with respect to the matters specified in the document.
Third, who may or may not serve on a condo board depends entirely on the applicable state law and on the terms of written documents governing the condo association. You didn't identify the relevant state, and we obviously have no way of knowing what the governing documents say.
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