Ethical or not Ethical

Started by JoeB18 • 12 replies • 1092 views

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JoeB18 (Georgia)
Posts: 31

Posted:

The community I reside in is currently a POA. The POA board members have elected to have a management company manage the day to day activities. The POA Baord arbitrarily selected some Homeowners to be a part of committees. The one person they designated as a committee lead. The Committee lead has been working on the side two days a week for the Developer who is also a Board member and a local councilman in the county. Does this pose a conflict of interest? Appreciate the help.

LetA (Nevada)
Posts: 2,679

Posted:

It is a bit of a conflict of interest, it may come back to bite you in the arse if you have any pending business with the city like permits or zoning exemptions.
There may be an ethical clause on the council persons side, many city ordinance prohibit elected officials from having certain jobs while holding public office.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joe

IS you POA still under developer control? If so, typically they can appoint whoever they want to appoint.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

See more of a conflict with the homeowner elected. They are still a HOA member. Seems they are putting themselves in a position where may be uncomfortable for them in some scenerios. However, as long as it is disclosed, I don't see an issue at all for anyone else.

Former HOA President

JoeB18 (Georgia)
Posts: 31

Posted:

Yes we are under full Developer control. I get that they can elect whomever but would you really name someone as a lead and draw controversy with the selection.

DouglasM6 (Arizona)
Posts: 724

Posted:

It's a dictatorship until turned over to the home owners. It's designed that way. Good Luck.

JoeB18 (Georgia)
Posts: 31

Posted:

Good point.
Nope another thing:
What about having the county audit against the PUD document to ensure the developer is doing what he is supposed to be doing? How long does a developer have to complete the items on the PUD?
Thanks

JoeB18 (Georgia)
Posts: 31

Posted:

didn't mean to type nope. I agree with your point.

SheliaH (Indiana)
Posts: 6,964

Posted:

It’s unlikely that the county would audit the PUD, although you could check with it. Making sure the developer has put in everything it said the community would have is a good idea – this should be among the first set of tasks an initial HOA board should do after the community is turned over.

The Community Association Institute (CAI) website has literature on developer turnover of HOA communities – you and like-minded homeowners might want to order some so you’ll know how to prepare for the takeover and options for resolving problems (they’re not expensive and can cost even less if you’re a member)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JoeB18 (Georgia)
Posts: 31

Posted:

thanks you!!! We are about a 1.5 years away from the transfer. would the Developer have until then to have all the items listed on the PUD completed like landscaping and other things?

JoeB18 (Georgia)
Posts: 31

Posted:

thanks you!!! We are about a 1.5 years away from the transfer. would the Developer have until then to have all the items listed on the PUD completed like landscaping and other things?

DouglasK1 (Florida)
Posts: 2,046

Posted:

That really depends on their agreement with the county.

Escaped former treasurer and director of a self managed association.

SueW6 (Michigan)
Posts: 814

Posted:

I am surprised that the local municipality that granted the PUD is not demanding an appearance in front of its planning commission or zoning board to finish up the PUD requirements.

See if you can find out if all requirements have been met. Landscaping is one area that slips thru the cracks. Be sure trees are planted where they were approved.

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