Quote:
Posted By MicheleD on 05/23/2008 10:28 PM
By the way, the fiduciary duty is NOT to the members.
The fiduciary duty is to the governing documents.
As a board member you will have a fiduciary duty to maintain the integrity of the documents.
Best of luck! It will be a challenge.
But then, so was basic training, and I'm a better woman for THAT, too!
Sorry Michele, but I must disagree with you somewhat. The fiduciary duty of the board member is to the members -- not the governing documents. The meaning of "fiduciary" is trust. A fiduciary is ". . .a person (or business entity) that has the power and obligation to act for another under circumstances which require total trust, good faith and honesty." This means the members have placed their trust in the board members to carry out their duties in the best interests of the members and the assn. Because the fiduciary (HOA board) should have more knowledge and expertise in operating the HOA, they should be held to a higher standard than the member. The best interest of the members and the assn must be the primary goal of the board member. If a board member is accused of violating his fiduciary duty, the courts will use the business judgment rule in deciding the case. The business judgment rule means did the board member carry out his duties in the same manner any other board member in his position would do?