Conflict of Interest

Why would it be? Please explain...

Jeanne, being the former ARC Chair does not disqualify him from being the President. The President often picks the members who serve on Committees, but this should be accepted by the Board. Also, a Board member can have another family member on the ARC unless your controlling documents do not allow this. It is all legal; if a majority your members want to establish certain policies and procedures then vote to do so.

Half of the time you cannot even get people to serve, how nice a husband and wife both committed thenselves to serve. As to the President telling others how to vote through his emails, are you a witness to such behavior? Or is it hearsay? Someone could tell me all day long how to vote, but it is my decision as to how I decide to vote.

The head of our Arch Committee is our board President. My husband is also on the Arch Committee, though he's not a member of the board, and I am the board Treasurer.

The Arch Committee does not arbitrarily approve requests. It is the steward of the portions of the CC&Rs that address the outside look of the homes if they are altered in any way from the way they were originally built.

The CC&Rs and any subsequent Guidelines that were developed guide the approval process. The Arch Committee does not have the "right" to deny a request that is in keeping with the CC&Rs and the establish Arch Comm policies. Conversely, they do not have the right to arbitrarily grant waivers. In fact, in our community, they cannot grant waivers, the entire board votes. A waiver would have to have a pretty good reason to be allowed if it is outside of the CC&Rs and established AC policies.

I find it pretty funny to think that just because my husband is on the Arch Committee that will somehow mean my and his votes will always be the same, IF any approval bubbles up to the level that it needs a full board vote for approval or disapproval.

We couldn't even decide on the same type mattress for our bedroom.

I'm not quite sure what you mean by the President sends out emails that tell you which way to vote. Perhaps he is just providing his own insight and expertise ?

"looked down on if you dare vote a different way" ?? again, this seems highly charged and somewhat subjective. It sounds like there are more likely personality issues involved as well.

How many board members do you have (we are allowed 9 per our by-laws, but currently only have 6).

What are the types of issues that the entire Board votes on that the Arch Committee does not handle?

Jeanne, I fully agree with the above posts, all the way down to Paul's - where he makes an excellent point that the "ARC" serves at the pleasure of the Board (per governing documents which have this clause). Also, check the "charter" of the "ARC" and it's true authority - as mentioned here USUALLY the "ARC" is limited in what it can and cannot do, on behalf of the community, WITHOUT board approvals.

I will not address whether or not you have a "bad" President - however as President, I have NEVER presented an issue to my board with "how they should vote." Most if not all treatises on HOA management suggests that the President be impartial - some interpret that mean they get to be "devil's advocates" to spur/inspire debate on issues so that all angles are explored; some interpret it to mean they are omnipotent, and every decision requires their "expertise;" and others take the time to explore the strengths and weaknesses of their fellow boardmembers, and attempt to work with them into the debates/discusions in a "team building" manner.

I was told this by a DI (drill instructor) "not all bosses are Leaders, and not all Leaders are Bosses..."

Jeanne:

My question is if many people in your neighborhood don't like him being president then why don't they do something about it? How did he get voted in as a director?

Michelle:

I understand about non-participation, however, as I tell those who complain around me I will start listening to you when I see you volunteering. It sounds to me like those who are complaining need to put their money where their mouth is. It is kind of harsh to say but unfortunately is true.