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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: 1 year ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/13/2017
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,866
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Real Estate Lawyer: Loren, Lawyer replied 1 year 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.

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Real Estate Lawyer: Loren, Lawyer replied 1 year 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 1 year ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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