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Community President

Community President

Old May 6th 2010, 3:05 pm
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Default Community President

I am aware that a property owner can give their proxy for individual meetings to another person and that an owner can grant a power of attorney to someone to look after their interests - I suppose this is a sort of permanent proxy. My question is this: does the power of attorney confer sufficient authority on the holder to allow them to stand for and become president of the community?
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Old May 6th 2010, 4:02 pm
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Default Re: Community President

Originally Posted by shaggymon
I am aware that a property owner can give their proxy for individual meetings to another person and that an owner can grant a power of attorney to someone to look after their interests - I suppose this is a sort of permanent proxy. My question is this: does the power of attorney confer sufficient authority on the holder to allow them to stand for and become president of the community?
I doubt it, as the president has to be an owner and voted in or if nobody wants to be voted in then owners have to take it in turns to be president each for a year.
You should only allow poa on a short term, ie just to sign to buy etc, or you could find out you don`t own the property any longer.
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Old May 6th 2010, 4:16 pm
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Default Re: Community President

Originally Posted by jdr
I doubt it, as the president has to be an owner and voted in or if nobody wants to be voted in then owners have to take it in turns to be president each for a year.
You should only allow poa on a short term, ie just to sign to buy etc, or you could find out you don`t own the property any longer.
That was my thinking. The person may achieve enough votes (through no opposition) and appears to have POA on several properties. He does not appear as the owner on any documentation from utilities to Community (although tells all he is the owner). My fear is that he is trying to build a kingdom for himself and is enjoying the properties as his own (i.e. letting them out) without suffering the pain of having to pay tax! The POA's appear to have been in place for years - the owners being abroad and prob receiving a "small income". Lots of issues but for now I'd like to at least make sure the Community is above board.
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Old May 6th 2010, 4:50 pm
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Default Re: Community President

Originally Posted by shaggymon
That was my thinking. The person may achieve enough votes (through no opposition) and appears to have POA on several properties. He does not appear as the owner on any documentation from utilities to Community (although tells all he is the owner). My fear is that he is trying to build a kingdom for himself and is enjoying the properties as his own (i.e. letting them out) without suffering the pain of having to pay tax! The POA's appear to have been in place for years - the owners being abroad and prob receiving a "small income". Lots of issues but for now I'd like to at least make sure the Community is above board.
There is a small bit about president requirements in the free beer thread HERE
It says member of the community (owner) as far as I read, cos they wanted me to be president but I could not as I only rent.
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Old May 6th 2010, 8:57 pm
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Default Re: Community President

Originally Posted by shaggymon
That was my thinking. The person may achieve enough votes (through no opposition) and appears to have POA on several properties. He does not appear as the owner on any documentation from utilities to Community (although tells all he is the owner). My fear is that he is trying to build a kingdom for himself and is enjoying the properties as his own (i.e. letting them out) without suffering the pain of having to pay tax! The POA's appear to have been in place for years - the owners being abroad and prob receiving a "small income". Lots of issues but for now I'd like to at least make sure the Community is above board.
The problem you describe is unfortunately all too common and often allowed to get to the extreme situation you describe, due to far too much COMPLACENCY by the various owners who do not worry about or involve themselves in community affairs.
You need at least to get together with a few like minded people,get along to the AGM,ask some questions,check all the paperwork and accounts,get a complete list of all owners,make contact with them and take it from there.
How well is the community run?
Is all the maintenance work up to the mark?
Is it all clean and tidy,...are there any day to day problems like rowdiness,noise etc from those who treat the place like a glorified Butlins?
Quite often the administrators and presidents all pee in the same pot and make quite a killing in the process,not caring a monkeys uncle about the place itself, and leaving most of the owners in the dark.
Is it officially classified as touristica,meaning more than half of the owners should have voted in favour of letting properties and all those doing so should be paying tax.
Otherwise it would be classed as residential and letting for profit would be illegal and restricted to close friends and family.
You need to really get your teeth into it and turn it around, if its going pear shaped and owners are being taken for a ride.
However at the end of the day it still all depends on the opinions of the majority, once they have the full facts clearly placed before them.
I once got involved in something similar myself in a community where corruption was obviously rife,..started off by contacting all the owners,..got a few genuine like minded people around me and eventually got the place straightened out,...but I must confess it was not all plain sailing.
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Old May 6th 2010, 9:55 pm
  #6  
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Default Re: Community President

Originally Posted by Dick Dasterdly
The problem you describe is unfortunately all too common and often allowed to get to the extreme situation you describe, due to far too much COMPLACENCY by the various owners who do not worry about or involve themselves in community affairs.
You need at least to get together with a few like minded people,get along to the AGM,ask some questions,check all the paperwork and accounts,get a complete list of all owners,make contact with them and take it from there.
How well is the community run?
Is all the maintenance work up to the mark?
Is it all clean and tidy,...are there any day to day problems like rowdiness,noise etc from those who treat the place like a glorified Butlins?
Quite often the administrators and presidents all pee in the same pot and make quite a killing in the process,not caring a monkeys uncle about the place itself, and leaving most of the owners in the dark.
Is it officially classified as touristica,meaning more than half of the owners should have voted in favour of letting properties and all those doing so should be paying tax.
Otherwise it would be classed as residential and letting for profit would be illegal and restricted to close friends and family.
You need to really get your teeth into it and turn it around, if its going pear shaped and owners are being taken for a ride.
However at the end of the day it still all depends on the opinions of the majority, once they have the full facts clearly placed before them.
I once got involved in something similar myself in a community where corruption was obviously rife,..started off by contacting all the owners,..got a few genuine like minded people around me and eventually got the place straightened out,...but I must confess it was not all plain sailing.
Thanks for your comments.

The place is run pretty well to be honest. It was about 90% holiday when built (timeshare actually) and gradually apartments have been sold off. Still quite a few are owned by the timeshare but in all honesty that is not the problem. From what I can see things are run legally. My concern is that this person with the powers of attorney does not seem to be an owner and may be trying to take over. I have a list of all the owners and, as you suggest, will be contacting them (the person I am concerned about does not appear on the owners list, hence my question re his ability to be President on the strength of his powers of attorney). Thank you for taking the time to reply.
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