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JoeB23 (Florida)
Posts: 13
Posted:
I belong to a large HOA in Florida with more than 1900 homes. We have about 10 committees including Finance, Architectural Control, Concerned Citizens, Procurement etc. Our annual budget is about $6.1 million and Total Assets of $6.4 million.

For the past three years, a resident has served on about 8 committees. He is a hard worker who helps out the community in other ways and devotes his time during the week and weekend working on these committees.

He approached the PM several years ago about running for the Board and was told Florida law and the governing documents prevent convicted felons from running for the Board. He admitted that he had a felony conviction for theft in Connecticut in 2013 so he was told he could not be on the Board. He was, however, allowed to remain serving on committees. Several weeks ago, he and a Board member had a falling out and the Board member decided the resident needed to be removed from all committees because of his felony conviction.

Nothing in the Florida statute or our governing documents prevents a convicted felon from serving on committees but the Board consulted with the HOA attorney who said the resident could expose the HOA to liability by serving on committees. As a result, the Board decided the resident could no longer serve on committees and notified the resident in writing that he could no longer serve on any committee.

This resident is the ACC chair and does inspect the exterior of houses when a resident applies for a permit to modify the exterior of his/her home. I can see how there could be potential liability for this convicted felon going to other residents' homes but don't see the reason for removing him from committees when he just sits at a table with other residents and votes on recommendations made to the Board.

Just wanted to get thoughts from others on this matter.
MarkM19 (Texas)
Posts: 1,459
Posted:
JoeB,
All Committee members serve at the Pleasure of the Board. Because 1 board member had a falling out with this person should not effect is Committee status in my opinion. If the Board as a group has lost faith in this person then it is the Boards decision.

As you mentioned he would not be eligible to run for a Board seat.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Screw the MC. Sorry but they are crossing the line on how the HOA wants to do it's business. If you have someone willing to do the work which is FREE, then why discriminate. A HOA isn't that "fancy" to not allow those who want to make a difference to participate. Each HOA is separate and run by the owners. If the owners are comfortable with this person, then why should the MC go consult an attorney or prevent it? The MC is NOT a member of the HOA. They are a paid contractor of the HOA.

I applaud someone trying to make a positive change and turn things around. Is this person always to be treated as a Felon if they already did their time? Nope. Think about that. Once time is served you are an ex-felon not a current one.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Boards have complete discretion about who serves on committees and may remove a member with or without cause. This board also followed the rec of their attorney (not the MC as Melissa wrote).

My own opinion is that the board should permit him to serve on committees that have no spending authority and on which its members don't enter homes. He sounds o like a valuable contributor to the community.

But that would take the board making a new motion to invite him to h join on elf the (perhaps many) other committees, and outvoting the director who had the falling out.
PaulJ6
Posts: 990
Posted:
As an owner, I wouldn't want someone with a felony conviction for theft on my HOA board.
MarkW18
Posts: 1,290
Posted:
So Melissa says "screw the MC" because they told the individual they couldn't run for the Board. According to the post, that is ALL they said.

Sorry, but Florida does have a law that says felon cannot, I repeat, says the individual can't serve. I also believe this stands until at least their civil rights have been restored.

It was the Board member, not the MC, who removed the felon.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
This is not about the felon being on the BOD. It is agreed he cannot be. The question is would you be comfortable/allow him to serve on committees?
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By JohnC46 on 02/27/2020 10:00 AM
This is not about the felon being on the BOD. It is agreed he cannot be. The question is would you be comfortable/allow him to serve on committees?

And it's agreed that the person serves at the pleasure of the Board. They chose to remove the person. Right or wrong, they followed the advice given to an attorney that, I assume, works for the association.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By JohnC46 on 02/27/2020 10:00 AM
This is not about the felon being on the BOD. It is agreed he cannot be. The question is would you be comfortable/allow him to serve on committees?

I would not be comfortable with a felon for theft on committees either. I concede: I said the wrong thing in my post.
JoeB23 (Florida)
Posts: 13
Posted:
Thank you everyone for your responses.

There are two positions on this matter: should he or should he not be allowed to serve on committees because of his felony conviction. I agree the Board has the authority to remove any committee member, and with the exception of the ACC and Judiciary Committees, can dissolve any committee per our bylaws.

I often say that just because you have the legal right to do something by doing it doesn't make it right.

The committee member who was removed was just notified two days ago so this is a recent, ongoing matter. He has approached me about it and showed me the letter. He realizes he cannot serve on the Board and I did inform him of the civil rights restoration process for which he is eligible five years after his sentence is completed, which was three years probation by the way.

I am running for the Board and elections are on March 26. I told the committee member to do nothing and lay low until the new Board is seated. We have a five member Board and three seats will be filled. If elected, I plan to ask the community how they feel about someone with a felony conviction being on committees who has worked very hard for the community doing things the community that most residents are reluctant to do.

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JoeB23 on 02/28/2020 2:17 AM
If elected, I plan to ask the community how they feel about someone with a felony conviction being on committees who has worked very hard for the community doing things the community that most residents are reluctant to do.
I have personally seen this approach. The felony involved financial malfeasance. Specific documentation was offered. The felon (call him what she is) had kept this secret for nearly a decade as she served as treasurer. The overwhelming majority of the community was furious that the treasurer's status as a felon was exposed to all. I would not do as you propose.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Joe

You have to stop feeling sorry for the person. They dug their own grave.
JoeB23 (Florida)
Posts: 13
Posted:
The resident with the felony conviction already disclosed it to the community so they will not be learning it from me fro the first time. I just want feedback from the community on their comfort level with having him serve on committees.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JoeB23 on 03/01/2020 5:16 AM
The resident with the felony conviction already disclosed it to the community so they will not be learning it from me fro the first time.
This is great and to this person's credit.
Quote:
Posted By JoeB23 on 03/01/2020 5:16 AM
I just want feedback from the community on their comfort level with having him serve on committees.
Are you going to ask for feedback on each committee member serving or applying to serve? If not, I would leave this alone, for the sake of decency, privacy and civility. After all, if this person is such an excellent committee member, why would you want to risk offending him or her or making him or her feel "less" than other HOA members?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If time was served then they are allowed to join society again. No need to keep carrying on a Scarlet Letter on their chest the rest of their life once convicted and time served.

Former HOA President

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