Candidate Suing the Association
Adams Stirling PLC
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CANDIDATE SUING THE ASSOCIATION

QUESTION: Can an owner run for the board when she has a lawsuit against the board? Can we prevent her from running due to the current chaos she is causing both to the board and the association?

ANSWER
: Director qualifications in your governing documents control. Because of the significant disruption caused by litigation and the conflicts of interest it creates for a sitting director to be suing the association, you should amend your bylaws to require that a director not be a party in any legal proceeding against the association or its officers or directors. Absent this restriction, you cannot prevent someone from serving on the board who is also suing the board.

However, if she is elected, the board can require that she recuse herself from any participation in matters related to the litigation. Disqualification does not necessarily apply if the person is a defendant in an action.

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

Adams Stirling PLC