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Conflict of Interest?

Started by KerryL1 • 10 replies • 757 views

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KerryL1 (California)
Posts: 14,550
Posted:
Our HOA is an urban high rise with underground parking

Our Board called a special open board mtg. on Tues. 10/30 to decide whether to pursue a Utility Company's (UC) small time-window to install 5 Electric Vehicle charging stations (EVCS) in the Visitor Parking area of our underground garage.

An ad hoc EVCS committee of four gathered all of the info. Our board elections were on 10/25 and the chair of the Committee was elected to the Board. He owns an EV.

We've never had a situation quite like this on my 12 years on the Board.

So: does "Mac" need to recuse himself from voting to approve an agreement with our UC to move forward with the project? We do have a few other EV owners and more yet who're interesting in buying one if EV chargers were available here. It would not, then, only benefit him.
LetA (Nevada)
Posts: 2,679
Posted:
You say this is for Visitors parking? WHY???? And why should every unit owner subsidize the EV owners by paying the electricity bill to charge someone else's EV??
Yes this guy should recuse himself and every board member should vote HEEEELLL NO on this.
KerryL1 (California)
Posts: 14,550
Posted:
Look, LetA, the UC is paying for everything except the below; users will pay for electricity based on their individual use and, in any case, they won't be using HOA electricity. The UC will charge $350 to install each of the 5 stations. Users will chip in for them too.

Better to not to put on your cranky pants when you know nothing about the project and when you stray away from the question.
MarkM19 (Texas)
Posts: 1,459
Posted:
Kerry,
Sounds doubtful that these spaces will be used by Visitors. Will they then park illegally in HOs spots? Usually spaces are at a premium. in Condo's. Is yours different? Sounds like the EV people will get an extra parking spot at the expense of the regular folks.

I agree that the Board member so recuse themselves from the vote. I always said if there is any chance someone could cry foul best to avoid the grief.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

EC's are the way of the future but the questions will be who pays for them and who gets to use as in park there as needed.

As an example. Let us say I need 4 hours of charging. I get into a spot at 7PM. Am I going to come down at 11pm and move my car?

Do you have designated spots and have you made provisions to electrify them?

MarkM19 (Texas)
Posts: 1,459
Posted:
John makes another good point. Does the board not have enough to do so they want to sign up for the Power Police? I am sure many remember the olden days when people in apartments you would go to the Laundry area to clean cloths and someone's stuff was taking up the machines. He is in bed sleeping and you are waiting for him to come down any minute. This situation will be magnified IMO. No charge No go to work in the morning.
AugustinD
Posts: 5,144
Posted:
Kerry, have you read this from the Davis-Stirling site: https://www.davis-stirling.com/HOME/Conflicts-of-Interest ? It has what I think is a good case law citation.

I agree with the concern about adding more work to the management's plate via having them be the power police.

It seems to me that the number of members at a condo of your size who have electric vehicles will still tend to be on the small size. Consequently the board member would be enjoying a benefit that is out of proportion to what the general membership enjoys. I think the board member should recuse himself. If he does not, and his vote breaks a tie what should you do? Other than to use this against him at the next election, I am not sure.
JoyceR2 (Virginia)
Posts: 156
Posted:
Do residents own their parking space? If so then this appears to be a modification/cost to that owner alone. If not seems the Board needs to determine if this is a modification they want to make based on this one resident. It is after all his decision to own an electric vehicle. Is this a vote that requires a % approval by the entire HOA owners?

RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 10/27/2018 11:37 AM
Our HOA is an urban high rise with underground parking

Our Board called a special open board mtg. on Tues. 10/30 to decide whether to pursue a Utility Company's (UC) small time-window to install 5 Electric Vehicle charging stations (EVCS) in the Visitor Parking area of our underground garage.

An ad hoc EVCS committee of four gathered all of the info. Our board elections were on 10/25 and the chair of the Committee was elected to the Board. He owns an EV.

We've never had a situation quite like this on my 12 years on the Board.

So: does "Mac" need to recuse himself from voting to approve an agreement with our UC to move forward with the project? We do have a few other EV owners and more yet who're interesting in buying one if EV chargers were available here. It would not, then, only benefit him.

NOPE
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Couple of issues ...

1. The spots are visitor spots - where do visitors park?
2. Given the purpose is to charge batteries how is cost apportioned.
3. Who gets the spots, and for how long?
4. Who regulates and polices?

This is a pretty topical circumstance and will require patience ... but, given that first come first served doesn’t work since is commonly owned ...?

I would not support this because it cannot be justly apportioned ...if someone wants a fast charger station, then they should pay for it - and th power they used.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
For me it's not an HOA responsibility to purchase these. It's the HOA's responsibility to approve and force maintenance/owner responsibility on them. Asking the HOA to pay for something is asking ALL the neighbors to pay for it. Approving and having rules integrated on maintaining would be my concentration.

I don't think it's a conflict of interest. Think it's more of a "motivational" reason for this person to want to work on this project to fruition. They are just trying to find a way to make the HOA pay for it since it's on HOA property.
Former HOA President

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