HOA Board members speaking at a County Hearing

Started by DianeB15 • 2 replies • 656 views

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DianeB15 (Arizona)
Posts: 29

Posted:

A homeowner has a hearing with a county board to request a variance for a structure. Several HOA Board members plan to attend the hearing and want to speak as individuals, not as HOA Board members. I believe they will be speaking in support of the homeowner to essentially say the structure is not offensive and is not visible from the street. This is a contentious issue for our HOA with a small but very vocal group of homeowners who oppose to the homeowner's structure (opposition seems to be more of a personal vendetta than concern for the HOA). Currently, the only CC&R violation being pursued involved governmental approvals (permits & zoning issues) so the Board's future actions will be decided by the County hearing.

Is there a conflict of interest for a Board member to speak as an individual at a public hearing? We're in Arizona if that matters.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Military personnel are allowed to speak their mind to the press when not in uniform providing they do not identify themselves as a member of the military.

This goes for Board members as well. Once they identify themselves as a Board member, it is perceived that they are speaking for the Association.

My suggestion, send an email to all board members reminding them they are not authorized to speak on behalf of the Board without a vote and, if they choose to speak, they may not identify themselves as members of the Board or as an Officer within the Association. If introduced as such, they must clearly state that they are not there speaking for the Association.

The other question would be, regardless of what the County says, the CC&Rs can be more restrictive and any improvement must comply with both - County codes and the governing documents.

DianeB15 (Arizona)
Posts: 29

Posted:

Thank you for providing a clear and logical response, TimB4!!! Your reasoning was very helpful.

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