JoyH (North Carolina)
Posts: 14
Posts: 14
Posted:
Is it a conflict of interest for a member to hole dual roles as a board member and a committee member? If so, is this outlined in their documents or just best practice standards?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Conflicts of Interest
Started by JoyH • 6 replies • 1569 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
BarbaraD6 (Florida)
Posts: 347
Posts: 347
Posted:
Joy,
Any two or more offices may be held by the same person, except the offices of pres.and secretary. I don't see anything in my docs pertaining to bod members on committees.
Barbara
Any two or more offices may be held by the same person, except the offices of pres.and secretary. I don't see anything in my docs pertaining to bod members on committees.
Barbara
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Joy,
I don't see that would be a conflict of interest mainly because in both capacities you are working for the same cause -- the good of the assn. It's not uncommon for a board member to serve on certain committees. In fact the bylaws may even state this requirement. Also, I think it's somewhat of an unwritten rule that the Pres. is a member ex-officio (by virtue of the office)of all committees.
From law.com:
conflict of interest
n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer.
I don't see that would be a conflict of interest mainly because in both capacities you are working for the same cause -- the good of the assn. It's not uncommon for a board member to serve on certain committees. In fact the bylaws may even state this requirement. Also, I think it's somewhat of an unwritten rule that the Pres. is a member ex-officio (by virtue of the office)of all committees.
From law.com:
conflict of interest
n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer.
FrancescaM (Washington)
Posts: 264
Posts: 264
Posted:
NO.. as a matter of fact our board encourages it..
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Who appoints committee members? If it's the president, he /she may select a board member - maybe to even chair the Committee.
If the Board member is a regular member of the Committee, then at those meetings, he/she wears the hat of Committee member and has no special rights or status.
Remember: committees serve at the pleasure of the board and must present to the board all proposals. Someone has to make a report to the board and often that is the board member who is on the committee, but even that can be another person to be the liaison to the Board.
If the Board member is a regular member of the Committee, then at those meetings, he/she wears the hat of Committee member and has no special rights or status.
Remember: committees serve at the pleasure of the board and must present to the board all proposals. Someone has to make a report to the board and often that is the board member who is on the committee, but even that can be another person to be the liaison to the Board.
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
I personally think that the best thing is to make a board member an ex-officio member of every committee. Since the Board of Directors is ultimately the one responsible for what happens. As an ex-officio member their vote counts, but they are not part of constituting a quorum.
DebraP1 (California)
Posts: 8
Posts: 8
Posted:
Hi Joy,
In my association it is not a conflict of interest. But if a Board member is a board member and management it is a conflict of interest. Being a board member and a committee member is ok because maybe they cannot get anyone to run the committee. If you are interested you must submit a letter of your intent.
Hope this helps
In my association it is not a conflict of interest. But if a Board member is a board member and management it is a conflict of interest. Being a board member and a committee member is ok because maybe they cannot get anyone to run the committee. If you are interested you must submit a letter of your intent.
Hope this helps
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here