Is this a violation of a Fiduciary matter

Started by ArtN • 5 replies • 1213 views

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ArtN (Massachusetts)
Posts: 48

Posted:

Hi, I need to ask this question regarding if our Board of Trustee President has made violation.

Two owners made complaints to the Board of Trustees President of a their neighbor had inserted an portable air conditioner in a bedroom window, which is a direct violation of the Associations by laws, also same neighbors complained of loud volume of radio/TV music being played at late hours, and also a pet violation of having a PYTHON in his condo.

The President sent out letters to the violator and violator claims he will not remove the air conditioner, not his Python and will play his music when ever he wishes to. The President confronted the violator with the result that allowed the Python to stay and did not push the violation of the air conditioner being removed, and went ahead and gave the VIOLATOR copies of the emails from the owners who made the complaints, which contained all of the email addresses of the folks who sent the information to the Board.

Isn't this a violation by the Board President?

Thanks

ArtN

NancyD1 (Florida)
Posts: 447

Posted:

The President should not have given the violator a copy of the e-mails. If the people who produced the e-mails did not give him permission to give copies to someone, this is a violation of their civil rights. It is also a violation of his fiduciary duty. As a fiduciary he has to conduct himself on a higher level than the crowd.

As a board member he is trusted to follow the documents of your condo. If a person violates these doc's they should be fined or whatever the process your doc's allow.

DJ1 (Ontario)
Posts: 798

Posted:

In some juridictions it would also be a violation of Privacy laws. You may want to look into that angle as well.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hi ArtN,

Does your President have the sole power to make this kind of a decision alone, to allow someone to clearly go against your association laws? I would think that this is a Board action and not a single person's job to make the decision to allow infractions.

Clearly, the violator has taken a negative stand by refusing to comply. Now,the entire Board or enforcement allowences must be used to get compliance. Are you allowed to fine a violator? How do the other Trustees feel about this? And the residents who complained? How are they feeling? I would say that they are peeved or worse than that.

Clearly, any resident who goes against rules and the CC&R's must be dealt with to get them into compliance. And his releasing the e-mails to the violator was totally unethical. I would have him called to explain how he feels this was serving a purpose other than to pit one neighbor against another. As for the Python, he would be in violation of many County rules now if his "pet" (yuk~!) was not registered.

DaneC (California)
Posts: 210

Posted:

Find out the name of your condo insurer, and ask them if the residents are insured against reptile attacks.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By ArtN on 10/03/2007 2:30 PM
Hi, I need to ask this question regarding if our Board of Trustee President has made violation.

Two owners made complaints to the Board of Trustees President of a their neighbor had inserted an portable air conditioner in a bedroom window, which is a direct violation of the Associations by laws, also same neighbors complained of loud volume of radio/TV music being played at late hours, and also a pet violation of having a PYTHON in his condo.

The President sent out letters to the violator and violator claims he will not remove the air conditioner, not his Python and will play his music when ever he wishes to. The President confronted the violator with the result that allowed the Python to stay and did not push the violation of the air conditioner being removed, and went ahead and gave the VIOLATOR copies of the emails from the owners who made the complaints, which contained all of the email addresses of the folks who sent the information to the Board.

Isn't this a violation by the Board President?

Thanks

ArtN

It's probably not a violation of anything, but it's poor practice.

As for the airconditioner, if it's visible from the street, there doesn't have to be a complaint from anyoune, the board or ACC members can see it and initiate action. And any member has the right to insist that the board take action to have it removed. Members have a right to have the covenants enforced.

Ron
SC

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