Code of Conduct for Board Directors

Ralph,

The current AZ HOA open meeting statute closely mirrors the statute for open meetings for public bodies.

I recall reading an Attorney General opinion for the public agency open meeting statute wherein the AG stated that the intent is that all decisions be made at the public meeting and after public discussion. The intent was that members not make a decision in private.

There is a later opinion dealing with emails between board members. While not right on topic, you may find it of interest. You can read it at http://www.azag.gov/opinions/2005/I05-004.pdf

Also available online is a 67-page booklet regarding the Arizona Open Meeting Law produced by the state's Ombudsman's office. It is at http://www.azleg.state.az.us/ombudsman/Open_Meeting_Book.pdf Again, I suggest studying these resources because the HOA open meeting statute is patterned on the state's Open Meeting Law.

Your board's policy to allow board members to accept input via email from homeowners but not to take a position is consistent with the AG's opinion for public bodies. I think it is a realistic way to take input from owners while maintaining a neutral position on an issue until a full discussion at an open meeting.

The other issue you raised is the provision that the board members will all sing the same tune. This is like saying that once Congress approved Obamacare, for example, that no Congressmen may speak in opposition to it. Just how do they propose to enforce this?

Ralph

You say, they said:

"As a Board member I may discuss an initiative under consideration with a resident, but should not take a public position for or against proposals scheduled to be presented by a committee to the Board for consideration."

"Once the Board of Directors has taken a position on a matter at a Board Meeting, I will support the Board’s position."

Personally I think those are very professional suggestions. The first does not stop anyone from discussing any issue. It just says keep in mind you do not speak for the BOD. Many will think your attitudes/beliefs are those of the BOD when they are yours alone. That has to be made clear when you speak to people about the issues.

I say once a BOD has agreed on a course of action then everyone on the BOD should be working toward achieving/implementing the solution for the greater good of the association. Afterall the majority agreed to do it. What is the disennter(s) to do, fight it, try and stop it?

I do not see either suggestion (and that is all they are) as interferring with your right of free speach. I see simply as building an effective management team.

Thank you for your feedback.

Just how do you go about enforcing this policy of supporting the board? The board usually cannot remove a board member who was elected by the members. About all you can do is ask for the board member's support and if you don't get it then make in sit under the air conditioner at the next meeting.