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FELONS ON BOARDS

Convicted felons are not automatically precluded from serving on boards. Even though Corporations Code § 7221(a) allows a board of directors to declare vacant the seat of a director who is convicted of a felony. The Davis-Stirling Act, which is specific to homeowner associations, does not allow an association to disqualify a person from serving on the board of directors unless a past criminal conviction would prevent the association from purchasing or maintaining a fidelity bond. (Civ. Code § 5105(c)(4).)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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