Background checks on Board members?

Greetings,

My HOA just had an election for a couple of Board positions. Our bylaws specifically state that anyone who has been convicted of a crime of moral turpitude cannot serve on the Board. I took it upon myself to run background checks on the candidates running for office, but I didn't do so until after the election. Come to find out, one of new Board members has been convicted of a crime of moral turpitude.

Also recently, an existing Board member resigned because he put his home up for sale. The bylaws say that the existing Board will appoint someone to fill the vacancy. This was done and that individual has a DUI conviction, which seems to be considered a crime of moral turpitude in some jurisdictions, but not all.

My question is -- what can be done at this point? I'm of the mindset that people make mistakes and shouldn't be punished over and over for the same mistakes, but I'm also concerned that there is a correlation been those convicted of crimes and embezzling from an HOA.

I really don't know if I should just keep quiet and not say anything. If I do that and the Association gets ripped off, I would feel somewhat responsible for not trying to have the rules set forth in our bylaws upheld. If I do try to raise this issue, who do I go to? I don't know where to even start.

I would appreciate any advice you might be able to offer!

Many thanks,

PqC

Moral turpitude is more of a legal term, and the word moral is subjective because people have different definitions of what that means (and then you have the people who don't seem to have any). That can get messy - for every person you may find who did do something awful like murder, you may wind up with 20 deemed ineligible because of something they did years ago, but learned from that And have lived honorable lives since. What do you do about the people who were unfairly convicted - that happens more frequently than you realize.

Convictions are one thing, but that doesn't mean someone's who's never been to jail is a wonderful person. Board member #1 may be surfing the dark web looking for kiddie porn. And board member #3 heaps emotional abuse on her kids every day? That may never come to light, and in fact, people may find excuses to ignore it (well, at least assessments haven't risen under them).

And why stop with board members? They're also homeowners, so maybe we should run background checks on everyone who lives in that community to ensure no one with that background would ever run for the board because they wouldn't live there. Let's start with you - do YOU have anything you'd like to share with the class?

it would be easier to amend that CCR to state something like persons who've been convicted of a felony in the last five years or so may not serve on the board. This way you can point to specific acts.

Until then, make sure your association has the necessary checks and balances to reduce the risk of embezzlement and fraud. You might also want to rethink running background checks on people if they haven't given you cause to do so. Wait to see what they DO - if they're nasty people, that has a way of coming out, no matter how they try to hide it.

I am amazed after some Board meetings more people do not walk away without being convicted of a crime... DUI is subjective. Many people still have jobs who have had DUI's. If their employers still accept them then why should a HOA reject them?

I know it was tradition after our meetings to come home and take a shot... Good thing we could just walk home.

Think it is a bit much to do background checks unless the person has check signing rights. Otherwise they just have one board vote. There still others to vote.

It should be noted that a HOA is not one you provide social security number to. It is not required. So the type of background check would have to be on the criminal side. A financial one would be out of bounds.

My old apartment had us fill out a criminal check form. It only applied to the county moving into. Had to get sheriff department to sign off. However that did not mean I was not a criminal in other counties or states. Just clean in that county.

It is more concerning about the people who have not been caught than has. Seems more people take action against the convicted than those whom need convicted.

PqC,

Per this article from a TX attorney site, href="https://versustexas.com/blog/crimes-of-moral-turpitude-texas/">What Are Crimes of Moral Turpitude in Texas?, a DWI is not a crime of moral turpitude.

It may be considered immoral to you.
It appears that it is not considered immoral to the State.

Hence, the board should follow the States opinion.

Moral turpitude is a broad brush. i worked with a guy that has a felony conviction. He was in a scuffle with anther guy that was drinking at a bar so he pulled the guys jacket over his head and money
fell out of his pockets. No money was stolen, but the DA charged him with a felony none the less because the other guy has just won a jackpot on a slot machine.
Not all defendants are equally changed and not all defendants have the capital to fight overzealous prosecutors that are out to get convictions instead of justice.

With all due respect to everyone who thinks all is forgiven once you serve your time, that is not what the OPs bylaws or the state law say. If someone has been convicted of a felony or crime of moral turpitude, they cannot serve on an HOA board (with some caveats under the state law).

I would consult an attorney on this one. Online criminal histories generally use name and dates of birth only. I was in law enforcement for 20 years and histories based on name and dates or birth are not reliable. That is probably why, under the Texas law, it specifically requires "written evidence from a law-enforcement database." On the DUI, I would not worry about it since DUI is not clearly a crime of moral turpitude.

You could bring it up to the board. If the person admits to a felony conviction, then you are probably on solid legal ground to remove them summarily.

This is an old thread. You may get more answers if you start a new thread. (My only comment is that committees and other volunteers are typically appointed by the board, serve at the board's pleasure, and can be removed from their positions with or without cause. So the board was within its rights to take such an action, although I don't think that I'd have gotten into reasons behind it. "Thank you for your service" is enough.)