Legal Question in Consumer Law in California

If a board president or anybody else wants to run a background check on somebody who might be running for the board, they are free to do such using their own money if the search is done within the boundaries of the law. Just like in the world of politics, people will do research on the candidates to see who is the best one for the job or use the information against an opponent.

Now if the president is doing this his capacity as an officer or board member, the question gets a little trickier. Without the specific authority in the bylaws or CC&Rs;, the president shouldn't be using HOA funds for this. The one exception might be if the CC&Rs; or bylaws have specific qualifications. Some HOA bylaws allow renters to serve on the board, some do not. Unless the president is using the information to determine the person's eligibility to serve on the board, I don't see this as a proper use of HOA funds.