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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

Can a member who is suing the Association run for a Board of Director position or be a committee member?

Answer:

Yes, a member who is suing the association, if otherwise qualified under the Association's by-laws, may serve as a director or committee member. However, if this member should be elected and should serve on the board or on a committee, such member would have a "conflict of interest" with respect to the outcome of the pending litigation and as such, would need to recuse him or herself from any discussion and vote with respect to the pending litigation.

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