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texlawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 4827
Experience:  I have assisted many customers and clients with their real estate questions and experienced in real estate litigation.
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Can a real estate agent also be an officer on a condominium

Customer Question

can a real estate agent also be an officer on a condominium HOA board?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: New york
JA: Has any paperwork been filed?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: The individual is privy to all HOA matters and is active in trying to sell units
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  texlawyer replied 10 months ago.

Hello. I'll be happy to assist you.

While there is no specific law prohibiting a real estate agent serving on the HOA board, there may be HOA bylaws that prevent it, or conflicts of interest such that the agent does not feel professionally ethical serving on the board. For starters, a member of the HOA board would have a duty to serve the interests of the association. That will put him/her in the loop regarding matters affecting the association (i.e., pending lawsuits, construction issues, "problem" neighbor issues, etc.). While at the same time, if the real estate agent were representing someone looking in the HOA, he/she would have duty to give the prospective buyer the best advice they could. Ultimately, the agent cannot serve two masters, so to speak. So, while it may not be strictly illegal, it would not be an advisable practice.

Expert:  texlawyer replied 10 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "rate" my answer before you go.

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