Ask Drew Noyes
I was appointed as a member of the Board of my condo association in Jomtien while I was away from Thailand. So I signed a Power of Attorney for another owner and board member to cast my votes and to sign documents pertaining to the condo association on my behalf.
I fear he may have
caused me to be liable for common -area expenses in the event of non-payment by
the homeowners association. There are only 28 owners and only three of us are
on the board.
Also, I now realize
that, with my vote and his, he commands a majority of the Board and can approve
anything he wants to approve. Any advice would be appreciated.
THANK YOU
IN ADVANCE,
John
Dear John,
Yes, he does have the
right to make all condo Board decisions as long as the Power of Attorney you
granted to him remains in effect.
Revoke the Power of
Attorney you signed by sending him a written notice to that effect. If you do
not want to be on the board, then send a written letter of resignation to him
and to the other board member effective immediately as well.
But first, state
that you will no longer be responsible for any payments or liabilities other
than for your own condo in that development. In order to do this properly, send
the letter to the person who has your Power of Attorney and ask him to cancel
all contracts for which you may have future financial responsibility or
liability. Give him 7 days to complete this instruction, then rescind his Power
of Attorney and submit your own resignation from the board.
Sincerely,
Drew Noyes
Managing
Director
P.A.P.P.A. Co., Ltd. Law Office
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