member with “apparent authority.” (See Corp. Code, §§ 17703.01, 17704.07(w).)
A partner may act on behalf of a general partnership as necessary to carry on the partnership’s “ordinary course of business.”
(Corp. Code, § 16301.) Alternatively, a part-
nership may file a Statement of Partnership Authority with the California Secretary of State, which will designate the individual(s) who may act on behalf of the partnership. (See Corp. Code, § 16303.)
A trust will act through its trustee, who will typically pro- vide the association with a notarized Certification of Trust as evidence of his or her authority to act or will be identified on the deed to the property.
Te association may properly rely on any of these docu- ments to substantiate a legal entity’s appointment of a per- son appointed to vote on its behalf.
When in Doubt …
California law, as well as most associations’ bylaws and/or CC&Rs, guarantee the right to cast votes only to the mem- bers of an association. Tus, if an association does not have a general power of attorney or an appointment of a person
requesting a ballot on behalf of a member, the association should not provide a ballot to that individual. Rather, the association should request further clarification or docu- mentation to authorize the attorney-in-fact or appointee as appropriate.
Te association should also involve its legal
counsel in the evaluation of any document purporting to authorize another person to act on behalf of a record mem- ber.
ANGELA C. THOMPSON, ESQ. assists community as- sociations and their boards of directors in the management of their common interest development subdivisions.
She
provides representation related to day-to-day operational and general corporate matters, including the interpretation and
enforcement of the governing documents which apply to these communities. She also advocates for community associations in all facets of litigation, including en- forcement of CC&Rs, obtaining and enforcing judgments, resolving contract dis- putes, and defending associations against homeowner-filed lawsuits. In addition, Ms. Tompson assists families and individuals with estate, incapacity, and special needs planning. She has extensive experience in creating strategies to safeguard her clients’ assets, direct distribution of their wealth, and leave a lasting legacy to their loved ones and most cherished causes.
“Te association should also involve its legal counsel in the evaluation of any document purporting to authorize another person to act on behalf of a record member.”
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