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Virginia Only - Fiduciary Responsibilities

Started by BH5 • 10 replies • 491 views

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BH5 (Virginia)
Posts: 84
Posted:
Does a BOT's fiduciary responsibilities extend to putting in place policies, procedures, rules and voting methods to safeguarded against criminal fraud or non-criminal abuse designed to influence elections?

Getting back to the proxy abuse issue, which someone pointed out to me could also be exploited to commit criminal acts.

(Fiduciary: A legal obligation of one party to act in the best interest of another. The obligated party is typically a fiduciary, that is, someone entrusted with the care of money or property. Also called fiduciary obligation.)

MarkW18
Posts: 1,290
Posted:
Criminal fraud to influence your elections. Isn't that taking the Russian thing a little far?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
BH

You got whipped by Proxies. Personally I love Proxies.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 03/01/2020 11:52 AM
BH

You got whipped by Proxies. Personally I love Proxies.

ADD ON
https://www.vahoalaw.com/association-meetings-and-proxies/making-sure-every-proxy-vote-counts
BH5 (Virginia)
Posts: 84
Posted:
Some people call it cheating.
BH5 (Virginia)
Posts: 84
Posted:
Thanks, seen it already.
BH5 (Virginia)
Posts: 84
Posted:
I don't know. Philly case was criminal and only possible due to proxy.
SheliaH (Indiana)
Posts: 6,964
Posted:
Fiduciary duty isn't unique to Virginia HOAs. With regards to board elections, a board has a duty to run the elections according to the association's documents. That probably covers stuff like length of terms when the meeting should be held, when proxies are to be returned, who's eligible to run and or cast a vote and so on. Who ultimately holds the board accountable for this? That's right, the folks who elect and re-elect them - other homeowners like yourself.

I don't think a criminal violation come into p!ay in a board election, but I suppose some could take legal action to persuade a judge to set asked The board election result and mandate a new election. That said, you can also rally your neighbors together and demand the same thing (see my response in your other conversation.)
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Does a BOT's fiduciary responsibilities extend to putting in place policies, procedures, rules and voting methods to safeguarded against criminal fraud or non-criminal abuse designed to influence elections?


Probably the Russians again. Having been successful in other elections, they are now influencing HOA elections.
MarkW18
Posts: 1,290
Posted:
My thoughts exactly!
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By BH5 on 03/01/2020 10:47 AM
Does a BOT's fiduciary responsibilities extend to putting in place policies, procedures, rules and voting methods to safeguarded against criminal fraud or non-criminal abuse designed to influence elections?

No, it does not.

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