Can an owner run for an HOA condo association board if a civil suit has been filed against them by another owner Texas

Suit has been filed. This owner plans to run for the board in 2 days. I cant imagine that does not violate Texas Association Code but cant find answer anywhere.

Asked on October 8, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It does not violate any law. A civil suit has no bearing on a person's eligibility to run for any office, including of a HOA association, to manage any organization, to sign or enter into contracts (such as might be required by a board member), etc. It is possible that this might violate the association's own rules or bylaws, since it would legal if those documents prevented somone from running for the board if another owner filed suit against them, but that is a matter of your association's own government documents; there is no general legal bar against this. 

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