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Board code of conduct wording (CC&R related)

Started by VeronicaV • 12 replies • 461 views

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VeronicaV (Arizona)
Posts: 24
Posted:
We are about to add a new board member who has a habit of violating the CC&Rs and, so far, has gotten away with it because the violations occur when the management company does not witness them. The entire community is aware of the violations, however.

We're putting together a code of conduct that will have something in it about having to comply with the CC&Rs, or else. I'm struggling with the wording though.

"Board members should not knowingly violate the CC&Rs on an ongoing basis."

Something like that but better...? Any suggestions?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By VeronicaV on 10/15/2020 5:38 PM
We are about to add a new board member who has a habit of violating the CC&Rs and, so far, has gotten away with it because the violations occur when the management company does not witness them. The entire community is aware of the violations, however.

We're putting together a code of conduct that will have something in it about having to comply with the CC&Rs, or else. I'm struggling with the wording though.

"Board members should not knowingly violate the CC&Rs on an ongoing basis."

Something like that but better...? Any suggestions?

If you are unable or unwilling to enforce them now why would it be any different even if he signed it? Sounds like you're avoiding the root cause of the problem.
VeronicaV (Arizona)
Posts: 24
Posted:
There's more to it than that, but I won't go into it here as it's not relevant.

I just need better wording; this document is long overdue anyway.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By VeronicaV on 10/15/2020 5:48 PM
There's more to it than that, but I won't go into it here as it's not relevant.

I just need better wording; this document is long overdue anyway.

The management company is not the only one that has to witness the violations. It is relevant. How is a code of conduct going to fix anything and how can you ask for advice on the wording if we don't understand the real issue so that the wording will cover the problem?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I personally don't like making a rule/policy to go after one individual.

If everyone is aware that the individual is in violation, I'm not sure why everyone is waiting for the MC to witness them. Instead, those who have seen the violations should simply make a complaint to the board and be willing to say that they identified them.

Board members are also members of the Association. Therefore, there is no need to make such a document with (to be realistic) zero ability to enforce said document. Your time and energy would (in my opinion) be better spent elsewhere.

That said, here is a link to a code of ethics:

https://www.caionline.org/HomeownerLeaders/ResourcesforHomeownerLeaders/G2G_ModelCodeEthics.pdf

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By TimB4 on 10/15/2020 6:04 PM
Board members are also members of the Association. Therefore, there is no need to make such a document with (to be realistic) zero ability to enforce said document.
I agree with what JohnT38 posted and what TimB4 posted.

Though I wonder if the mission of the OP is to have the Board create a Code of Conduct the Board thinks they can use to lawfully remove a director. Removing a Director thusly undoubtedly violates state statute and probably the HOA's governing documents.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Nah.

Bad idea.

Enforce what rules you have.

This director was elected?
GenoS (Florida)
Posts: 4,276
Posted:
Enforce against the director the same as you would against any other homeowner. It doesn't matter if they're on the board or not.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Codes of conduct are not legally enforceable, as far as I know. CC&Rs are. No code of conduct will stop someone who is knowingly violating the terms of the contract on his home.

The solution to this is as others have said: people have to be willing to go on the record with complaints about whatever this board member is doing, and then the rest of the board has to treat the violations like any others (the problem board member must recuse himself from all discussions on his violations). No easy answers, unfortunately.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By GeorgeS21 on 10/15/2020 6:21 PM
Nah.

Bad idea.

Enforce what rules you have.

This director was elected?

That's what I was thinking when I read this. When this guy ran, I wonder why no one asked him point blank how could he help the board enforce CCRs and other association rules, when he has a history of violating them.

In fact, why didn't the OP bring it up during the election - in front of everyone?

a code of conduct is fine, but they should apply to ALL homeowners, not just the ones who serve on the board of on an advisory committee. In this case, I suggest having an executive session is in order to discuss the matter, making it clear to this director he must fix the problems immediately. Until then, he must recuse himself from any appeal hearing on CCR violations of discussion of amending to them (he can still vote with other homeowners on adopting the changes, according to the documents)

This may sound harsh, but there are board members who get the position because they promise to stop enforcing certain rules "because they're stupid.". That's ok, but it's not a good look when you've been dinged by said rule and haven't resolved it, either by fixing the problem of going through the appeals process. Otherwise , your efforts look self serving

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Veronica wrote: "We are about to add a new board member ..." Does this mean s/he was elected by the Owners? Or does it mean the Board added the person to fill a vacancy? If the latter, why did the Board "add" such person?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By CathyA3 on 10/16/2020 5:33 AM
Codes of conduct are not legally enforceable, as far as I know. CC&Rs are. No code of conduct will stop someone who is knowingly violating the terms of the contract on his home.

The solution to this is as others have said: people have to be willing to go on the record with complaints about whatever this board member is doing, and then the rest of the board has to treat the violations like any others (the problem board member must recuse himself from all discussions on his violations). No easy answers, unfortunately.

Well said.

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