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Questions & Answers by John H. Gettinger, Esq.

Question:

A Board member was tied to some illegal activity and resigned. They are now rerunning for election. Can they be prevented from doing so?

Answer:

Probably not. The by-laws of a association typically contain provisions which sets forth the qualifications for a person to be eligible to be elected to the board of the association. Typically, by-laws require that a person to be eligible to be elected to the board must be at least 18 years of age and must be owners or spouses of owners of a unit in the association. In addition, some by-laws disqualify persons who are delinquent in the payment of assessments or are in violation of some other provision of the declaration, by-laws or rules and regulations. Moreover, some by-laws limit the number of consecutive years that a Board member can serve. However, I have not seen a by-law provision which disqualifies persons who have been convicted of a crime or have been "tied to some illegal activity." Nevertheless, I believe that such a restriction if set forth in the by-laws (whether in the original by-laws or as amended by the homeowners) would be valid so the by-laws must be reviewed.

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