MuchelleM
Posts: 7
Posts: 7
Posted:
Is it a conflict of interest for a committee member, parks and recreation, to be on the Board?
I know it is for an ACC member, this is why I am asking.
I know it is for an ACC member, this is why I am asking.
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Conflict of interest question
Started by MuchelleM • 7 replies • 154 views
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DouglasK1 (Florida)
Posts: 2,038
Posts: 2,038
Posted:
Unless there is something else you aren't including here, I don't see why it would be a conflict. In fact, I'm not sure why being a director and an ACC member would be a conflict either. Some governing documents even specify that the chair or one of the ACC members must be a director.
Escaped former treasurer and director of a self managed association.
SheliaH (Indiana)
Posts: 6,967
Posts: 6,967
Posted:
I don't see a conflict either. Usually committees make recommendations to the board, who make the final decision to accept, reject or modify the recommendation anyway. Any committee member can be outvoted.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,519
Posts: 14,519
Posted:
What might the conflict be? I can't see how an owner cannot serve on a committee and also serve on th board.
But in Texas, is it true an owner cannot simultnaeously serve on the ARC & board? I think I remember that?
But in Texas, is it true an owner cannot simultnaeously serve on the ARC & board? I think I remember that?
JeffT2 (Iowa)
Posts: 896
Posts: 896
Posted:
In larger HOAs, it can be valuable for the architectural committee to be independent from the board.
However, here is what AI says about the parks and recreation committee:
Generally, in an HOA, a parks and recreation committee is not truly independent from the board of directors. Here's why:
HOA Structure: Most HOA committees function under the authority and oversight of the board. They are typically created by the board and are responsible for assisting the board with specific tasks and responsibilities.
Board Oversight: The board has the ultimate authority to make decisions, and committee recommendations or actions are usually subject to the board's approval. The board is ultimately responsible for the actions and decisions of its committees.
Purpose of Committees: HOA committees, including parks and recreation committees, are primarily formed to assist the board, gather information, and provide recommendations. They help to lighten the burden of the board's workload and encourage community involvement.
While a committee may have some autonomy within its designated area of responsibility, it's generally not legally independent of the board.
Key points to remember:
Governing Documents: The specifics of the relationship between the board and its committees, including a parks and recreation committee, will be outlined in the HOA's governing documents (CC&Rs, bylaws).
Transparency and Communication: Clear guidelines and communication between the board and committees are crucial for effective operation.
Board Responsibility: The board is responsible for overseeing the committees and ensuring their compliance with the governing documents and applicable laws.
In summary, the parks and recreation committee generally functions in a supporting role to the HOA board, offering advice, assistance, and recommendations related to park maintenance and recreational activities.
However, here is what AI says about the parks and recreation committee:
Generally, in an HOA, a parks and recreation committee is not truly independent from the board of directors. Here's why:
HOA Structure: Most HOA committees function under the authority and oversight of the board. They are typically created by the board and are responsible for assisting the board with specific tasks and responsibilities.
Board Oversight: The board has the ultimate authority to make decisions, and committee recommendations or actions are usually subject to the board's approval. The board is ultimately responsible for the actions and decisions of its committees.
Purpose of Committees: HOA committees, including parks and recreation committees, are primarily formed to assist the board, gather information, and provide recommendations. They help to lighten the burden of the board's workload and encourage community involvement.
While a committee may have some autonomy within its designated area of responsibility, it's generally not legally independent of the board.
Key points to remember:
Governing Documents: The specifics of the relationship between the board and its committees, including a parks and recreation committee, will be outlined in the HOA's governing documents (CC&Rs, bylaws).
Transparency and Communication: Clear guidelines and communication between the board and committees are crucial for effective operation.
Board Responsibility: The board is responsible for overseeing the committees and ensuring their compliance with the governing documents and applicable laws.
In summary, the parks and recreation committee generally functions in a supporting role to the HOA board, offering advice, assistance, and recommendations related to park maintenance and recreational activities.
LisaB21 (Texas)
Posts: 98
Posts: 98
Posted:
In Texas, per State Legislation, an ACC committee member can not be a Board member, or any one in the household of a Board member. This only applies to the ACC committee.
KerryL1 (California)
Posts: 14,519
Posts: 14,519
Posted:
Thank, Lisa.
Oh, about the parks & rec committee. The "parks" are in the HOA, right?
Oh, about the parks & rec committee. The "parks" are in the HOA, right?
MuchelleM
Posts: 7
Posts: 7
Posted:
Thank you Lisa! I knew it was for the ACC. I just didn’t know if it was for other committees as well.
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