Conflict our not?

It has been brought to the attention of HOA that one or board members is selling their unit. That isn't the issue but the fact of the matter is that the owner listed the unit for sale and the rumor going around is that its pre foreclosure. That is also just being pushed around. None the less, that is what I was told and what is being shared.

The issue is the Davis Sterling is clear that board members should not be able to serve if there is a conflict of interests or a private interests to be had regarding decisions for the HOA. There has been a inquiry to ask them to step down...

I am reading DSL and there is a lot of verbiage about not being self serving etc... Can one be selling their property, making and voting on huge repairs that we are facing such ad new floorings, roofs and things that are going to be reportedly needing a special assessment.

Is it appropriate to ask for a resignation? I am confused.

Yeah, anyone who lives in the HOA is going to have an interest in it and be affected by BOD decisions, so I don't see how they would have any more conflict than anyone else.

As for the possible foreclosure, I guess that would depend on what your CC&Rs state as requirements to be on the BOD. But even if it would disqualify them, it would need to be confirmed first.

NOT TRUE

If they are in violation of the qualifications to become and remain a Board, then yes they should be asked to step down. Qualifications would be listed in the Bylaws and/or Elections Rules.

Richard is right. Unless this director is in violation of some qualifier to be on the Board, say 90 or more days delinquent on assessments, he may continue to serve. These are in the bylaws or Election Rules.

A little clarity on being "self serving": This is the case where the expense or whatever would only serve him or perhaps a tiny fraction of the whole HAO. If the expense mainly serves the entire HOA, it's not self serving. Disagreement on the need for the expense is not an example of "self serving" in such a case.

Besides, he only has one vote, right?

While I can understand your concern as others have stated unless there is a violation of your governing documents any owner while they own property can serve. What you are experiencing right now is similar to an HOA where owners who rent their units sometimes do not want to spend money on major unseen items. They just care what can be seen to look good so they can attract renters. Hopefully the unit sells quickly and the board can appoint another owner to fill the position until your next election. Otherwise, you should potentially have majority to out vote the one.