Disclosure forms

Which Corps Code is it, Betty??

Our HOA actually does have candidates sign their candidates statements saying they'll enforce our documents, etc. But some directors have not now & then and to greater & smaller extents. Don't think anyone here wants to make case out of it. What I'm saying is, dated or not, I'm not so sure sure a notice or disclosure is worth much.

If the date means a lot to your Board, and this really is a law, I'd think that the Board could vote to remove the person from his her office, but not from the board.

What is your interest in this topic?

I took a quick look and was unable to find what you are referring to in the corporate code. Therefore, as others requested, can you provide the number and section of the corporate code?

Here is the link:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=08001-09000&file=8320-8325

So, Betty, you Wrote: "California Corporations Code requires HOA directors sign disclosure of interest forms stating they will follow CC&R's, by-laws, etc. Is the document valid if the director signs it, but refuses to date it? If not valid, what is the recourse?" You added the relevant codes are 7233-36.

I'm not in the legal profession, but I'm familiar with this code. It's among several that deal with ethics & the conduct of directors in CA. It does not say that directors must sign a "form" promising to abide by the HOA's governing documents. Again, Betty, is there something in particular that interests you?

I've only pasted the below but urge you to read or re-read the entire section. In a nutshell, the below is about a director's conflict of interest. Just because a director may have such a conflict, doesn't mean that the transaction, contract, etc. cannot be approved by the Board and move forward. The "interested director" must disclose her/his interest, may be counted towards quorum, but may not vote on that matter.

"7233. (a) No contract or other transaction between a corporation
and one or more of its directors, or between a corporation and any
domestic or foreign corporation, firm or association in which one or
more of its directors has a material financial interest, is either
void or voidable because such director or directors or such other
corporation, business corporation, firm or association are parties or
because such director or directors are present at the meeting of the
board or a committee thereof which authorizes, approves or ratifies
the contract or transaction, if:
(1) The material facts as to the transaction and as to such
director's interest are fully disclosed or known to the members and
such contract or transaction is approved by the members (Section
5034) in good faith, with any membership owned by any interested
director not being entitled to vote thereon;
(2) The material facts as to the transaction and as to such
director's interest are fully disclosed or known to the board or
committee, and the board or committee authorizes, approves or
ratifies the contract or transaction in good faith by a vote
sufficient without counting the vote of the interested director or
directors and the contract or transaction is just and reasonable as
to the corporation at the time it is authorized, approved or
ratified . . ."