Does mental illness disqualify a person from running for HOA board?

Started by ArtH1 • 9 replies • 317 views

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ArtH1 (California)
Posts: 1

Posted:

We have someone whose name is on the HOA ballot who we have learned has been diagnosed with Schitzophrenia.
She has been sleeping in her car she has no furniture in her condo which she and her ex- husband own.
She carries all her belongings around with her when she leaves her condo. There are 3 positions open for election and only 3 people on the ballot.
Unless there is a write-in candidate it appears that she will be a disruptive member on the board.
We are in California is there anything we can do?

MaxB4
Posts: 3,513

Posted:

Mental illness is not a disqualifier.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MaxB4 on 08/22/2022 2:12 PM
Mental illness is not a disqualifier.

If it was, many, many BOD Members would have to resign....LOL

AugustinD
Posts: 1,027

Posted:

First, be super mindful of what the Fair Housing Act says about discriminating against the disabled. Everything you named does not to me indicate violations of any condo rule or law that would keep this person off the board. You should not ever mention to others that you do not want this person on the board because of her disability. Let whatever problems she has that you think will result in her not being able to function become apparent to others without your help. Such is my advice, anyway.

Second, recruit another person (or maybe two or three people) to run. Consider having a town hall where folks can see what their choices are.

Third, if this disabled person gets on the board and truly causes the board not to function, then the board majority has a duty to hire an attorney for the corporation, who will then take direction from a board majority, while keeping an eye on Fair Housing discrimination concerns.

MichaelT21 (Arkansas)
Posts: 462

Posted:

Agree with others, mental illness is not a disqualifier.

Agree with others, spoken tongue in cheek, that we wouldn't have many Board volunteers if only sane people could be on the Board. That's not funny to those suffering from mental illness, but funny to me.

JohnC73 (Massachusetts)
Posts: 344

Posted:

Quote:

Posted By JohnC46 on 08/22/2022 2:19 PM

Posted By MaxB4 on 08/22/2022 2:12 PM
Mental illness is not a disqualifier.

If it was, many, many BOD Members would have to resign....LOL

Yes, I thought it was a requirement - lol Kidding

KerryL1 (California)
Posts: 14,550

Posted:

Like Aug's advice. Do you best to recruit someone else to add to your candidate's list. Or is it too late??? There are strict deadlines in Ca about when candidates must sign up to run for election.

If not too late, yes, persuade any owner who qualifies and add a Candidate's Night too.

If too late, do your bylaws permit write-in candidates? If not, do your Bylaws permit nominations from the floor?

If not and as a last resort, do your bylaws require a quorum? If so, perhaps you need to make it your business to do all you can to repress the vote so your HOA doesn't make quorum.

Our Bylaws say anything about the necessity of the Board being bondable? I don't know much about it, Ould would your board be bondable if she's elected?

Final question: Does she in her car on the street? If so, is the legal? Or does it oppose Your CC&rs or, more likely, you rules & Regs? If the latter cite her and call her to heating and do anything else that's legal.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Nope they can run for the board if they are an owner on the title. Does not mean anyone has to vote for them. Some HOA's the only disqualifier is not being up to date on dues.

Many mentally ill people are fully capable of many things. Maybe need to learn how to work with someone who has one than condemn them for it.

Former HOA President

LetA (Nevada)
Posts: 2,679

Posted:

Be careful of any smear campaigns against this person. Unlike a person running for public office, a smear can cost your HOA BIGGLY.
However, if this person is elected then becomes a distraction or is incapable of carrying out their duties, then you can follow the guidelines for a removal of an officer
from your governing documents.

SheliaH (Indiana)
Posts: 6,964

Posted:

I agree with Augustin, but I hope someone has also contacted Adult Protective Services and the non-emergency number of the police department to see if a wellness check can be done. You don't say how long this behavior has been going on, but she may be cycling (going through several episodes of behaviors) and needs medical attention to adjust her medications.

In the meantime, everyone can use some education on mental illness - start with this link on schizoaffective disorder and take a look around the website to learn about other conditions. There may even be local resources in your area.

https://www.nami.org/About-Mental-Illness/Mental-Health-Conditions/Schizoaffective-Disorder

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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