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JohnK40 (West Virginia)
Posts: 59
Posted:
What is the best source to use regarding "felony convictions" in the vetting process of HOA Board of Directors.
MichaelT21 (Arkansas)
Posts: 462
Posted:
I've hired private investigators to do background checks on members of our community. That turns up arrest records. I don't think that the report reflected whether a conviction occured, just whether the arrest took place.

Problem is that some names are common and then you might get your prospective board member mixed up with another axe murderer and that would be problematic.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By JohnK40 on 08/19/2022 7:38 AM
What is the best source to use regarding "felony convictions" in the vetting process of HOA Board of Directors.
What do your state law and Bylaws say about those with a felony conviction serving on the Board? What does your insurer say about it?

If state law and bylaws say nothing on the subject, then I recommend consulting the HOA attorney about the wisdom of revealing a person's felony record (even though this is usually public record).
TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

As you know from the forums posting rules, specific recommendations may not be posted.
Suggest you provide an email (you can make one using a free email site specifically for this purpose) so those that might have a recommendation can email you.

Other then that, I suggest doing an internet search on background checks.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Augustine and Tim said. If this isn't a requirement in your documents, I don't see where the Association has the authority to ask. There's also the matter of who's going to do the vetting, how long ago was the conviction, and what type of felonies are we talking about, has the person completed his/her parole requirements, was the conviction eventually reduced to a lower crime (it does happen if the person accepts certain plea deals) and on and on...

If you're concerned about something like embezzlement of association funds (which you should be), the association should already have internal controls to address that. If your treasurer is handling the money, perhaps getting a surety bond would be helpful - talk to your association attorney and master insurance company for their take.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SheliaH on 08/19/2022 11:06 AM
What Augustine and Tim said. If this isn't a requirement in your documents, I don't see where the Association has the authority to ask. There's also the matter of who's going to do the vetting, how long ago was the conviction, and what type of felonies are we talking about, has the person completed his/her parole requirements, was the conviction eventually reduced to a lower crime (it does happen if the person accepts certain plea deals) and on and on...

If you're concerned about something like embezzlement of association funds (which you should be), the association should already have internal controls to address that. If your treasurer is handling the money, perhaps getting a surety bond would be helpful - talk to your association attorney and master insurance company for their take.


Sound advice.

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