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RobertS49 (North Carolina)
Posts: 6
Posted:
I am an HOA Board member and a resident of our HOA. Are there any circumstances when I can express my personal opinion to the HOA members or am I restricted from doing so because I am a Board member? Do I have to resign from the Board in order for me to let the other HOA members know how I feel about an issue.
GlenL (Ohio)
Posts: 5,491
Posted:
Learn this phrase and start all conversations and correspondence with it: "Speaking as a fellow homeowner and not as a Board Member, I think.....

Studies show that 5 out of 4 people have problems with fractions
LarryB13 (Arizona)
Posts: 4,099
Posted:
Robert,

There seems to be a common perception among board members that they must give up expressing personal opinions. Take a cue from public officials. Senators do not resign their offices when they disagree with the President; they say what they think and no one ever infers that their words are the official policy of the government.

I know of no law that prevents a board member from expressing his personal opinions on any subject.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Larry's opinion also is true in CA, where I interpret a specific civil code as stating that directors (& others) have the right to express themselves at meetings. But NC may be different??
DavidW5 (North Carolina)
Posts: 565
Posted:
My suggestion would be: prior to the board voting on any issue you should become a matter of record in the minutes of the board meeting. Even feel free to express your opinion. After the board has voted, your vote becomes a matter of record in the minutes of the board meeting. If the vote went against your personal opinion you should refrain from expressing your disagreement publicly. Of course, if you resign from the board or you are campaigning for reelection to the board, discussing your opposition to the previous board decision is perfectly OK. Just my opinion.
DavidW5 (North Carolina)
Posts: 565
Posted:
Quote:
Posted By DavidW5 on 01/18/2014 11:15 AM
My suggestion would be: prior to the board voting on any issue you should become a matter of record in the minutes of the board meeting. Even feel free to express your opinion. After the board has voted, your vote becomes a matter of record in the minutes of the board meeting. If the vote went against your personal opinion you should refrain from expressing your disagreement publicly. Of course, if you resign from the board or you are campaigning for reelection to the board, discussing your opposition to the previous board decision is perfectly OK. Just my opinion.

Sorry, that got garbled ...what I meant to post was:

My suggestion would be: prior to the board voting on any issue you should feel free to express your opinion. Once the board votes on the matter your vote becomes a matter of record in the minutes of the board meeting. If the vote went against your personal opinion you should refrain from expressing your disagreement publicly. Of course, if you resign from the board or you are campaigning for reelection to the board, discussing your opposition to the previous board decision is perfectly OK. Just my opinion.
TimB4 (Tennessee)
Posts: 21,062
Posted:
There have been many issues I didn't agree with but was outvoted on. When asked about the issues I simply respond that I didn't agree with it but was outvoted.

MissyP (Alabama)
Posts: 63
Posted:
You got on the board because the people who voted for you liked what you had to say once you got there. You do represent the HOA as a whole but lets not take that to extremes. You are also a homeowner/member of the HOA and if you don't like what your board is doing, speak up. You may want to talk to other members for their opinions to see if they support yours, but if it's outlandish or outlawed, by all means express an opinion.

A HOA is ONLY operated by it's members for it's members. It's what the owners want that the HOA is to do. They can even change the documents if the rules no longer fit. Which takes a majority of general membership NOT the board.

Remember that in a Board position you were elected to handle the DAILY operations of the HOA on the behalf of the general membership. Most members are apathetic and just want "Someone" to do the work. Your just that "someone" that is doing it. So yes you will be criticized for your decisions and called names on occasion. You will also be threatened to be sued. (Practice the response "Go for it, we will see you in court" and move on.) Don't let your personal life get overtaken by your board life. Your still a neighbor, an homeowner, and a person who has to live/obey the rules of the HOA. Make it what you want with the powers you have.

The best advice I ever got as President/Board member: Remember that the money in the HOA is NOT your money, it is EVERY member's money. You as a board member or officer are in charge of spending it on the behalf of EVERY member. It is best to discuss openly what you all want or need to spend the money on instead of behind closed doors. It's the hardest thing to do, comprehend, and to put into action. You will find everyone has an opinion on how to spend the money. You and your board's job is to make sure it is spent responsibly on the bills and the needs. You don't go buying everyone dinner and gift cards if the plants are dying at the front entrance... Your HOA is a non-profit and is to spend all of it's money on operation costs and reserve accounts for future big items. "Saving HOA money" means something different. It means applying the money not spent on one thing on another that is needed. Don't go and try to save the HOA budget but spend it wisely on the things that are needed to make the HOA work. Good luck!
JoK2 (California)
Posts: 198
Posted:
There is another avenue of your question that pertains to you speaking your personal opinion when outside of the meetings, board meeting or annual. You have to be very careful of what you say when your out and about and talking to your neighbors and friends. And it's this aspect that makes it very hard to be a board member, but you do have to be careful of what you say. Even if for the sake of getting feedback etc. It's a tricky path to say the least.

As a board member you have a fiduciary responsibility to understand that the majority of what is discussed and opinions of board discussion are to be held private until such time as the board deems it fit to be announced. AND this will be very hard if you have a lot of friends in the neighborhood! There will always be someone who would see this as being non-transparent, however it should be seen as doing your duty and not being perceived as a gossip, or worse to allow things to spread around the HOA that may or may not be true, relevant or helpful to the matter at hand.

An example: your neighbor has a project in mind that they want approval for but it might not be 100% CCR code, so they stop you one day to discuss it. And although you may not say much about it other than your not sure, or you ask a few questions and then you tell them they need to send in the paperwork for approval. If that approval isn't given, said neighbor may have perceived that you were on their side and will "quote" you to a certain degree while they are making a point, and now you could be considered in a conflict of interest with that approval process because you had an outside conversation.

With all of that being said, it's not impossible but a board member has to tread lightly on just what they say to others outside of the board.
Good luck!

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