QUESTION

election

Asked on Jun 10th, 2013 on Corporate Law - California
More details to this question:
A candidate for election to the HOA Board of Directors is running under the name Susie xxx. Her name is Susan xxx. Can she be disqualified for not using her legal name?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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If her legal name, whether obtained from her parents or approved by a court, is XXX, then you must respect her choice. However, you don't have to let her run for office under a fictitious name or a pseudonym.  You might ask her for proof that it really is her name. Check her drivers license, for example. Only owners of units may run. If her unit is owned in the name of anyone except Susie XXX, then she cannot be elected and cannot run. You should be able to call a title company and check the tax collector's records online to determine who actually owns the unit. Maybe you don't care, because is anyone going to vote for someone who calls herself XXX? Think about the other members of your association?  Are any of them going to vote for her? Sometimes it is better to just let people looking for attention to do what they want. If she is an owner and understands the issues facig the board, who cares what her name is? Dana Sack 510-286-2200 ds@sackrosendin.com www,sackrosendin.com    
Answered on Jun 10th, 2013 at 4:46 PM

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