Interviewing new homeowners

My question is why are you even interviewing homeowners or renters anyways? Are they going to go to jail for violating the "law"? Or just face a lawsuit of which suing your HOA is suing yourself and your neighbors to protect what?

Many old Covenants have in them that the association does have right of first refusal on a sale. Meaning the association can buy the unit for the agreed upon sales price. This was done so an association could eliminate any "undesirable" purchasers. Personally I would hate to have to defend this in court.

It might well be the interview process is left over from the right of first refusal or for that matter, part of it. Again, not something I would like to defend in court.

Answers to your questions are contained in your own governing documents. You need to check there, specifically for reference to "Board Member Vacancies".

Here's what's typical from my PA perspective though:
- Your resignation from the Board created a vacancy on the Board that can be filled IAW the docs.
- A vacancy can typically be filled by a decision of the Board to appoint someone to that position at an appropriately called/noticed meeting.
- The person appointed to that position may typically be any eligible member of the HOA.
- They typically fill the position for the duration of your term or until the next election (as specified by the docs).

Assuming the above is accurate for your HOA . . .
- The President alone cannot appoint someone to the Board . . . it is a decision to be made by the Board at an appropriately called/noticed meeting.
- If the President's wife is an eligible member of the HOA, then her appointment to the Board is permissible.
- A lawyer needs to answer to legality, but it's likely that if an appointment complies with all aspects of your docs, then it's legal.
- Whether it's ethical is another question altogether and is completely dependent upon the situation in your HOA and the conduct of the President and his wife.

thanks for the responses. the wife is NOT a part of the HOA. the person appointed to take my place for the duration of my term was not given the responsibilities that i had (i was in charge of roads and interviews). the new person will take care of roads and the president's wife was appointed (as a memeber of the community, not the board) to be part of the interview process. reeks of nepotism!

Ricki,

Having HOA personnel "answering questions" for new owners sounds dangerously close to giving legal advice. That is, the HOA is telling a new member what his obligations and rights are. That information is found in state law and your governing documents. It may sound cruel but the smartest thing to do is to let the owner find his own answers using his own attorney should he need that much information.

My understanding is that the Florida Bar has been on the warpath for several years with non-attorney HOA managers who hand out legal advice. The "interview" comes dangerously close to the unauthorized practice of law and should be handled by your association's attorney.

> We do not refuse any buyer or renter.

If there are no consequences to the "interview," I don't see that it matters who does it.

Perhaps you should just call it an orientation or informational meeting. And make it optional.