Legal Question in Real Estate Law in Georgia

Is it leagal to require all HOA members to have background checks, drug screens in order to sit on the board?


Asked on 8/26/10, 6:59 am

3 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Yes.

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Answered on 8/31/10, 7:07 am
Phillip M. Cook Cook Legal Services, LLC

Interesting question. I've been doing HOA work for almost 10 years now and have not run across that one. The answer is "it depends." Is it a condo subject to the Georgia Condo Act? Is it an HOA that is subject to the Georgia Property Owners Association Act? There's likely a Declaration and Bylaws that govern how elections are run, who can run, the qualifications, etc. A Georgia real estate attorney would need to review the Declaration and probably do a little legal research to see if there's any cases even remotely similar to your facts, as again, this is an interesting issue.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 8/31/10, 7:12 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes, if the paperwork for the HOA so provides.

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Answered on 8/31/10, 9:02 am


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