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Can a spouse of an HOA member run for the board of directors…

Customer Question
Can a spouse of...

Can a spouse of an HOA member run for the board of directors when their wife has filed a lawsuit against the same HOA that he is running for??

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

It's in SC

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His wife is suing our HOA, the home builders, the landscapers, the former HOA

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/13/2017
Real Estate Lawyer: Loren, Lawyer replied 9 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,279
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 9 months ago

Yes, provided a candidate were otherwise qualified then they can run for a seat on the board and serve on the board even if their spouse (or they) have ongoing litigation against the board. Of course, if elected, they would need to recuse themselves from votes regarding the litigation to avoid any conflicts.

Any provision prohibiting a qualified candidate from running due to the fact that they are suing the board would likely be unenforceable as it is a person's right to access the courts to make a legal claim.

I am sorry I can not tell you otherwise, but I do not want you spinning your whhels on this.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Real Estate Lawyer: Loren, Lawyer replied 9 months ago

Did you have further questions? Please let me know if I have answered your question.

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Real Estate Lawyer: Loren, Lawyer replied 9 months ago

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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