Can a Person Suing the Condo Association Serve on its Board?

L.W. from outside of Connecticut writes:

Dear Mister Condo,

Our Homeowners Association is currently being sued by an individual who is neither an owner nor a renter. This individual is a live-in who lives with the owner of the condo in which they currently reside. The person who has sued the HOA now wants to join the Condo Board. Is this permissible given the fact that this individual is not an owner or renter and is currently suing the HOA?

Mister Condo replies:

L.W., lawsuits against an HOA can be initiated by anyone for any number of reasons. That is just the unfortunate reality of living in a litigious society. However, the right of eligibility to serve on the Board of the condo is usually spelled out in the association’s governance documents. Typically, Board members need to be unit owners. However, that is not always the case and you need to consult your own documents to determine what the eligibility requirements are for your association. If this person is eligible and interested in serving, I would recommend that the Board speak with its own attorney to determine if there is a conflict of interest issue that would make it unfavorable to the association if the person were to be on both sides of the pending lawsuit. I wouldn’t think it wise for the association to have a litigant against the association as a Board member. Talk with your own counsel for a more definitive legal answer. Good luck!