Q May the unit owner provide a written delegation to the resident of his or her
unit to act on his or her behalf with respect to the association, including
serving on committees or being elected to office?
“Under most circumstances,” says Gerald A. Cassioppi, partner of the Naperville-based law firm of Nyberg
and Cassioppi, LLC, “such a delegated individual may have general day-to-day authorized occupancy and
use with respect to the unit and common spaces, so long as the legal documents,
the declaration and rules and regulations permit such a “non-owner resident” within the unit. In certain instances of governance, the unit owner may be permitted a “proxy”, or even some forms of power of attorney, to vote on behalf of the unit owner
or take certain actions, again if specified and permitted under the association’s governing documents.
“However, the holding of an office is almost always considered personal to the
actual unit owner. Any resident would not be eligible to hold office, no matter what broad
authority the unit owner was willing to provide.”