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DianeB15 (Arizona)
Posts: 29
Posted:
As a Board member, would it be improper to meet with a homeowner on a complaint after we sent her a Notice of Violation? She has questions and essentially wants to meet off the record. I would not be making any decisions or providing her with information that could hurt the HOA but I don't want to appear unethical. I believe she asked to meet because I am considered to be unbiased and fair minded and don't get caught up in HOA drama. I do my best to act ethically and don't want to appear otherwise.

PaininyourA
Posts: 215
Posted:
TWO members of the association who also HAPPEN to be directors can visit her at her home and answer any questions as MEMBERS would.

Any interaction with the BOD itself should be (as Judge Judy would say) memorialized in written form.
DouglasM6 (Arizona)
Posts: 724
Posted:
Quote:
Posted By DianeB15 on 10/25/2017 10:46 AM
As a Board member, would it be improper to meet with a homeowner on a complaint after we sent her a Notice of Violation? She has questions and essentially wants to meet off the record. I would not be making any decisions or providing her with information that could hurt the HOA but I don't want to appear unethical. I believe she asked to meet because I am considered to be unbiased and fair minded and don't get caught up in HOA drama. I do my best to act ethically and don't want to appear otherwise.


Once the violation was sent, and received, there is no "off the record". I also suggest more than one board member go talk to her. Tell her there is no "off the record" and that everything said will be documented.

However, the proper way would be for her to request a special meeting with the board.

As a neighbor, you can talk to her and reassure her, but shouldn't discuss the violation.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By DianeB15 on 10/25/2017 10:46 AM
As a Board member, would it be improper to meet with a homeowner on a complaint after we sent her a Notice of Violation? She has questions and essentially wants to meet off the record. I would not be making any decisions or providing her with information that could hurt the HOA but I don't want to appear unethical. I believe she asked to meet because I am considered to be unbiased and fair minded and don't get caught up in HOA drama. I do my best to act ethically and don't want to appear otherwise.


Allot of times it is better to show someone, it is a great coaching and mentoring method, compared to sending someone a letter "here fix this."
TimB4 (Tennessee)
Posts: 21,061
Posted:
Diane,

If it were I who was asked to meet with her, I would.

I would use the opportunity to explain the violation and answer questions about the process.

I would not agree to anything.

I would make it clear that I am there as a friend and not as a member of the Board.

I would point out, often, that I can not speak for the Board or make any decisions on behalf of the Board.

If you can honestly do those things, then there should be no issues.

However, if you have a lot of empathy and can't separate being a friend and being a Director, then you should not meet.
SheliaH (Indiana)
Posts: 6,964
Posted:
John's suggestion is good, but personally, I wouldn't do it, even with another person present. If she has something to say, she needs to use her appeal rights and make her case before the entire board. This way, everyone hears the same story and you don't run into accusations of selective enforcement or statements like "but DIANE said I could/couldn't/should/shouldn't do X"

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DianeB15 (Arizona)
Posts: 29
Posted:
Thanks everyone for your comments and suggestions. I had initially agreed to an in person meeting without thinking it through. A few minutes later I thought about how an in person meeting could look to others and that's when I posted the question. We just have a lot of drama going on in our small HOA and I don't want to get distracted with innuendos of unethical behavior.

I spoke to homeowner on the phone instead of meeting in person. I made it clear that I was only able to answer general questions about the complaint process. She did try to discuss some of her "evidence" but I advised her that we would schedule a hearing for her to present her evidence. I advised her to come to the hearing prepared, bring documentation and that she would get fair consideration of her evidence/position from the board.

I would have said the same in an in-person-meeting - It's just a strange time for our Board right now with some difficult homeowners.

AugustinD
Posts: 5,144
Posted:
I agree with TimB4, except I would do this on the phone, exactly as Diane did. Well done.
KerryL1 (California)
Posts: 14,550
Posted:
I think you did the right thing, Diane: talking about procedures & process seem OK.

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