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Your question poses several variables that may or may not apply. For example:

  • Who filed the restraining order? Another board member? Someone not involved in the business of the co-op?
  • What is the basis of the restraining order? Potential physical violence? Unwanted entry?
  • What is written in your governing documents about the criminal history/ status of board members?
  • Depending on the style of corporation, what does your state law say about the criminal history/ status of board members?

There may or may not be an automatic alteration of a board member's good standing depending on non-board behaviours.

Your association's attorney can precisely answer this question given the facts involved. Best practices indicate that the matter be investigated and documented quickly, in order to preserve the business actions of the board during a period when the validity of a member's service could come into question.

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Q: If a board member has a restraning order on them in a co-op can they still serve on that board?
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