Power of attorney

goga (Querist) 26 September 2014 This query is : Resolved
Hello ,

I am staying in colony in Ahmedabad. This colony managed by "Members owners Association" for routine affairs.(own internal members of colony)

This association is registered under NTC.

It is not a CHS.

Majority members are issuing power of attorney to somebody for attending association meetings / AGM / for selection or election of working committee.

Few having designation of association - like secretary , treasurer , joint secretary and chairman and so they are running the show.

my concern here is Power of Attorney
holder can be a part of association affairs. Can Owner of house issue power of attorney to anybody to part of association meetings / AGM / for selection or election of working committee.

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Hemant Agarwal (Expert) 27 September 2014
1. An Association member, can lawfully delegate "POA" to any eligible person (including a local Paan'wala, Politician, Beggar .... ). Lawfully there cannot be any restriction.

2. The POA holder is a "Constituted Attorney" of the original Owner-Member, AND restraining or restricting the POA holder in "any manner", would it turn amount to restraining or restricting the Owner-Member, which could lead to a Criminal offence.

Keep Smiling .... Hemant Agarwal
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V R SHROFF (Expert) 27 September 2014
being "NOT A CO-OP SOCIETY"
USUAL POA RULE ( OF SOC) DO NOT APPLY.

SO RULES / TERMS OF ASSOCIATION PREVAILS..

goga (Querist) 27 September 2014
My understanding is POA is just delegating his/her responsibility(as a member of working committee) to anybody. But post of that responsibility remains with POA issuer.So in that case POA issuer should stand for election and then he / she can delegate to somebody by POA.

goga (Querist) 27 September 2014
I missed something in my earlier msg. So writing here.

In my colony, house hold person using reference of POA (which is limited to his/her home affairs)for colony affairs and delegating somebody to stand of colony association election and getting some post like chairman / secretary. This is wrong that Is what I believe.

ajay sethi (Expert) 27 September 2014
POA can be for attending meetings , voting for elections . but said POA cannot stand for elections as office bearer