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JeffJ7 (Texas)
Posts: 3
Posted:
Recently a resident notified one of our board members that another board member had a felony conviction. The MC completed a background check and verified it to be valid. Therefore we are required to remove them. The board member is asking for the name of the resident that brought the information forward. Is this legal or required. I'm afraid of potential retaliation.
RichardP13 (California)
Posts: 3,868
Posted:
No, the MC performed the background check. End of story
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jeff

Where in your docs does it say the person cannot serve on the BOD?

JeffJ7 (Texas)
Posts: 3
Posted:
It's a state law
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By JeffJ7 on 12/01/2015 7:13 PM
It's a state law

JeffJ7 (Texas)

1 - Not sure if your community is subject to Texas ch 82 Uniform Condominium Act. But if it is, that law seems to contain no state-imposed grounds disqualifications ; those are left up to the governance documents , notably by-laws under sec 82.106 (3).

But if your community is not, worth tracking down whatever does apply.

2 - Disclosing the source of an apparently confirmed disqualification, would be as shaky as disclosing any other sincere complaint that the Board has a duty to deal with.

An extreme case, but a convicted pedophilic sex-offender in our jurisdiction was elected to a condo Board several years back amidst additional legal process. The owner data & other access such individual would have obtained as Director, shocked many.
RichardP13 (California)
Posts: 3,868
Posted:
Texas Property Code

Sec. 209.00591. BOARD MEMBERSHIP.

(a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the property owners' association is void.

(b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.

(c) The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners' association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.
JeffJ7 (Texas)
Posts: 3
Posted:
Thanks for the info. I'm more concerned with if the MC has to disclose who brought this information to the forefront.
BobD4 (up north)
Posts: 1,002
Posted:
Good digging : The Texas HOA law -as opposed to condo - does show a disqualification triggered by receipt of a governmental data base entry establishing moral turpitude conviction. ( Is that what was informed )

Given that such is likeliest within the public domain, any claim by the unseated to learn the identity of the data informer, could not be justified as a right to know who is accusing.

The accuser is not the public data discoverer.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JeffJ7 on 12/01/2015 7:53 PM
Thanks for the info. I'm more concerned with if the MC has to disclose who brought this information to the forefront.


It does not matter who brought this to the attention of the board or the MC. The board member knew he was ineligible to serve and thought he was so smart no one else would find out about his felony. I have known a few felons and they all think they are so damn smart.

If this jerk continues to seek out the identity of the person who unmasked him, name the database where his conviction is recorded and let him duke it out with the sheriff. I read nothing in the cited statute that would require the MC to disclose anything else to this guy.

KerryL1 (California)
Posts: 14,550
Posted:
Larry makes sense and I don't think we need to "know" the law to figure out that it's a very bad idea to give the person's name to the convicted felon. that he's even asking for the "informant's" name is suspect and creeps me out.
TimB4 (Tennessee)
Posts: 21,059
Posted:
There is no reason why the name needs to be provided.
As others have said, it was the PM who did the search.
Providing a name will not change the outcome and may place that individual in some danger.

To prevent such issues in the future, you may want the PM to do a background check on all Board members (or at lest the candidates).
BobD4 (up north)
Posts: 1,002
Posted:
The right of an accuser to know one's (criminal) offence-accuser is a powerful civil liberties safeguard anywhere.

But this ain't the situation at all. Nor is it a (pre-conviction) matter of sorting out subjective contradictions between mere allegations & denials.

All an "identity" disclosure can do here - IF - IF a "moral turpitude" conviction is in the public record - is to discourage future alerts & endanger this alerter.

JeffJ7 Tx:

Making a mistake could destroy someone's reputation despite later attempts to correct. Please make absolutely sure there was a conviction and such was for "moral turpitude", which your organization's lawyer may clarify under Texas law.

Not a Directoral unseating but an absolutely outrageous error misidentifying a resident as a sex-ofender :

Jan 13 2014 “Accuracy Essential – Caution Advisable – for Condominium Boards Delivering Sexual Predator Warnings” by David Uitti & Dean T. Lennon –Marcus, Errico, Emmer & Brooks PC Braintree Maryland

http://www.meeb.com/accuracy-essential-caution-advisable-for-condominium-boards-delivering-sexual-predator-warnings/
BobD4 (up north)
Posts: 1,002
Posted:
My Erratum : line 1 above should read : "The right of an ACCUSED to know . . . "

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