Code of conduct

Curious to know if anyone is aware of such a requirement in Florida or if your own HOA requires one for Board Members. If done right, it could be a good thing, but I'm hesitant to put my name to anything without a good reason. and it does not exist in our bylaws.

"FS are online for searching. "

I've searched 720 for any mention of this and have found nothing.

There isn't anything there. A year ago our new president decided on her own to concoct a "code of conduct" and have all the board members sign it. Essentially a "code of ethics", she drafted it without any discussion at a board meeting and sought to impose it on all directors. The last item in her "code" was "To Resign If I Cannot Uphold The Things On This List". The thing was a loyalty oath more than anything else. Completely unauthorized by the board or statute. Thankfully we had 2 board members who outright refused to sign it and pushed back against it at a couple of board meetings. The president had no authority or right to unilaterally impose such a requirement on the directors. Incredibly arrogant wannabe dictator, was she. When she didn't get her way she actually resigned after 4 months, sold her house and moved away. Beware control freaks.

I agree!

As a board member, if someone says they are going to do something, ask the question, “Where in our docs, or statute, is this?”

If there is not there, there, then simply refuse to go along with it. Most odd things will slide off the table pretty quickly, especially if you come armed with facts.

If a majority of the board insists and votes to do something not allowed by docs or statute, then one can stay on the board, or resign, and begin a recall - it can’t be a threat, though. If you say you will, the board members need to believe you.

We don't have one and I don't think it can be mandated if it's not in your documents. That being said, I would hope any code of conduct would highlight things good board members should already be doing without being told, such as avoiding actual or potential conflicts of interest or immediately disclose them and refrain from participating in a discussion or vote related to that issue.

If people are concerned about specific actions, I would propose homeowners consider updating the bylaws to list certain actions that will get a board member disciplined or sacked, such as embezzlement. I would also have a process in place to investigate such allegations so everyone knows what to expect and prevent rogue presidents or anyone else from tossing someone without cause.

Sheila,
"...any code of conduct would highlight things good board members should already be doing without being told." Well said.

Augustin,
It's important to remember that a code of conduct and a code of ethics are different things. A code of ethics deals with moral principles, while a code of conduct spells out specific activities.

With regard to my post, we are discussing a code of conduct, which among other things, attempts to establish a measure of control over directors which does not exist, and as others have mentioned, is unenforceable.

As for not signing this document being an indication that I might be inclined to violate it, I disagree, but that's as far as I will take the response as going farther down that road is getting beyond the scope of this forum.

Thank you for responding.

A code of conduct that defines conflicts of interests, as I describe above, is what I am suggesting. The typical volunteer HOA director is often clueless about conflicts of interest. Many even think that one-hand-washing-the-other is a rule of life. The code of conduct (ethics, whatever) my city uses for its employees is good.

I probably would also not sign the code your president suggests, as she sounds uninformed on how these things work in government and elsewhere, and I am betting what she prepared is dumb.

What you said, about not signing your HOA's proposed code indicating a propensity to violate the code, is neither what I wrote nor what I meant.

One of my HOAs had a pretty good code of conduct, emphasizing conflicts of interest. The HOA President-board prepared it and got all on the board to agree to it. I joined the board down the line and signed. I loathed the President who prepared it, and he got booted within a year, but he got this one 'right enough.'

A written Code of Conduct is not worth the paper it is written on. Cheaters cheat no matter what they say/sign.

I wanted to put an end to this thread by saying that codes of conduct/ethics can be beneficial if implemented properly, and I would consider signing had it not been for a "poison pill" item which required not speaking ill of the Board to anyone if I was in the minority. I also found it amusing when it was a member on the opposing side who asked what would happen to them if they were found to have been in violation. The answer came back only as it could: "nothing". So what's the point?

As you might've guessed, I'm new to the HOA scene and I'm already seeing the underside of this which I find disturbing to say the least. At least this has shown me that my decision years ago to not become a politician was spot on.

Thank you all for your assistance once again. Most helpful.

In Election Rules I have written, this pledge must be signed and returned with one's candidate nomination form in order for their name to be placed on the ballot. It is included with the secret ballot, either individually or one copy stating all candidates signed the pledge.

Easier to get them to sign before the fact then after the fact.

Pledge by Nominee for Election to Board of Directors

As a nominee for election to the Board of Directors, I have read our Homeowner Association’s Bylaws, CC&Rs and Rules.

If elected to the Board of Directors, I pledge to do all of the following:
• Comply with the Association’s Bylaws, CC&Rs and Rules as they exist unless superseded by law;
• Obtain the advice of experts, if and when appropriate, including attorneys, construction experts and others;
• Read the Davis - Stirling Act at least once each year when the yearly amendments become available and to comply with the law;
• Read the management agreement in effect between our Association and management company so that I am aware of the management company’s
contractual responsibilities and those areas where it has no contractual responsibility;
• Pay my assessments before they become delinquent and strictly comply with the governing documents of our Association;
• Attend all board meetings and homeowner meetings unless it is absolutely not possible to attend;
• Accept no compensation from the Association, members of the Association, or vendors and contractors providing goods and / or services to
the Association;
• Comply with the Open Meeting Act as set forth in the Davis-Stirling Act;
• Make certain that agendas are posted and / or distributed to all members in advance of Association meetings and that minutes are taken and
maintained of all meetings as required by law;
• Hold annual elections for the Board of Directors according to the Association’s Rules, Bylaws and California law;
• Provide members of the Association with an email address so that members can make direct contact with me, if required;
• Obtain a reserve study from an expert in the field every three years, and to review and adjust it annually between reserve studies as
required by law;
• Avoid conflicts of interest with the Association if possible and to recuse myself from voting on a matter where a conflict or the
appearance of a conflict exists;
• Adopt realistic annual budgets each year in order to avoid the hardship and liability associated with special assessments;
• Honor my fiduciary duty to the Association at all times by placing the Association’s interests above my own personal interests;
• Read all written contracts with contractors and vendors so that I am aware of their obligations as well as the Association’s obligations;
and
• Treat other board members, homeowners, vendors, contractors and Management Company representatives with professional courtesy and respect
at all times.

I have carefully read and understand this pledge and promise that if elected to the Board of Directors of our Association, I will honor it.

Signature
Print Name
Date

My thought as well. If you are sincere and ethical in your job, you don't need a piece of paper to tell you what to do.

Here’s how Florida handled it ...

720.3033 Officers and directors.—
(1)(a) Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.
(b) The written certification or educational certificate is valid for the uninterrupted tenure of the director on the board. A director who does not timely file the written certification or educational certificate shall be suspended from the board until he or she complies with the requirement. The board may temporarily fill the vacancy during the period of suspension.
(c) The association shall retain each director’s written certification or educational certificate for inspection by the members for 5 years after the director’s election. However, the failure to have the written certification or educational certificate on file does not affect the validity of any board action

ND,
I don't think we are so far apart on this as you may think. I've signed similar documents for my work that carry major penalties for non-compliance and I have no problem at all signing them.

As you said CCR, ByLaws, Rules and Regs are what we are to adhere to. Failing to do so incurs meaningful penalties. So why create a feel-good document which has no regulatory basis or penalty? Knowing those involved as I do, I believe it was their first attempt at intimidation. (Their less subtle forms include letters from their attorneys threatening law suits or calling the police on other board members to find out who has posted disagreeable statements about them in the mail room.

Then there is the issue of one line which says that members shall only speak as one and those in the minority shall be silent. In my mind, that makes it DOA.

Lastly, I believe this document is also an attempt to purport themselves to be of high moral character to the membership when I have witnessed otherwise. I find the whole thing disgusting.

Thank you for your thoughts.

I'm going to pick this apart for a bit. I agree that a statement like that can be viewed as an attempt to squelch dissent among board members, and that's not a good thing. You want a variety of opinions. On the other hand, I think what the statement attempts to do is point out that boards' decisions are binding. It doesn't matter if a minority of directors firmly disagree; they failed to persuade the others and they are still required to abide by the decision.

You can have directors who fall under the category of "vocational dissidents" (our attorney's name for people who thrive on conflict and controversy). Association boards are typically the target of such homeowners, and board meetings are a favorite place to act out. But what happens if one such person is elected to the board, and sets out to undermine everything the board is doing? What happens if that person is going around the community bad mouthing the other board members in order to stir up trouble? What happens if the dissident board member is spreading false information to do so?

The trouble with a blanket statement about speaking as one voice is that it doesn't distinguish between board members who may be the lone voice of reason on incompetent boards and those who are in fact trouble makers who are trying to undermine an otherwise sane and rational board.

I don't know what to do about it. Based on my experience with a vocational dissident board member, I've learned that such people strongly resist any attempt to educate them about their duties and proper board conduct. Not only does a code of conduct not deter bad behavior, it actually encourages the person to dig in and do exactly as they please.

Hence my original comment that the code of conduct won't change the behavior of those who already take their duties seriously, and it won't rein in the others who do not.