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MichaelC4 (Nevada)
Posts: 4
Posted:
I am about to run for a position on our condo association's Board of Directors. I also own and operate a website for the community. I don't charge the community for this service, but I do run advertising on the site and hope to someday make a profit on it.

Being on the board could expose me to information that I would use on the website. Of course, I would never post confidential or private information, but it might put me in the position of getting information earlier than I would if I waited for a meeting or a newsletter.

The question is, "Is this a conflict of interest that should keep me from serving on the board?" Also could I alleviate this possible conflict if I was careful only to put information on the website after it was published like I do currently?

Any help would be appreciated.

Thanks in advance.
CharlesW1 (Georgia)
Posts: 826
Posted:
MichaelC4,
I don’t know for sure, but I would think it would be a conflict of interest. Even though you said, you haven’t and you never would, can certainly make those who don’t know you very doubtful of your intentions.

Being a homeowner, I would be a bit disturbed that it could happen not saying that you would, but the opportunity to do so will confront you. You’re doing the right thing now by asking other and thinking ahead. I would ask the current board now if that would be a problem. It will soon be your personal business as well. What if you were on the board, and you had an opportunity to get the business full seam ahead? Could you? Would you loose your seat on the board, because you business is doing so well?

Good post, I’ll lean a lot myself.
Thank you
Chuck W.

Charles E. Wafer Jr.
WilliamT (Arizona)
Posts: 489
Posted:
Your web site should clearly state that the site is a privately funded web site and does not reflect the official position of the board of directors.

Your web site should post only information that is public knowledge on the public portion of the web site. That is, bylaws, cc&r's, rules, etc.

Anything that is only for the members only should be in a members only section that is not available to the public. Such as financial information, meeting minutes, newsletters, etc. HOA Talk has that type of separation in their web sites.

Being a director and having a privately funded community information web site, in my layman's opinion does not constitute a conflict of interest.

All actions of the board of directors is information that is available to the members so you can publish any of that on your web site.

However, what is said in the closed "executive session" is confidential and shall not be discussed or disclosed to anyone.

CharlesW1 (Georgia)
Posts: 826
Posted:
WilliamT,

You stated that “Anything that is only for the members only should be in a members only section that is not available to the public, Such as financial information (which I agree with totally), meeting minutes, newsletters, etc” HMMMMM. I thought you could publish meeting minutes on a web-site, a news letter? WHAT! These are considered public information aren’t they? This may not be the case, at all. I just want to know, if what I am learning is true or not.

Chuck W.

Charles E. Wafer Jr.
WilliamT (Arizona)
Posts: 489
Posted:
Posted By CharlesW1 on 09/19/2006 6:27 AM

WilliamT,

You stated that “Anything that is only for the members only should be in a members only section that is not available to the public, Such as financial information (which I agree with totally), meeting minutes, newsletters, etc” HMMMMM. I thought you could publish meeting minutes on a web-site, a news letter? WHAT! These are considered public information aren’t they? This may not be the case, at all. I just want to know, if what I am learning is true or not.

Chuck W.


Charles,

Here is a link to an attorney site that has published a guide for what should and should not be placed on a web site. He does say that it's ok to put newsletters on the site. Hope the information on this site helps. http://www.imakenews.com/ortenhindman/e_article000572279.cfm?x=b11,0,w

Also, here is the link to our site.
www.lakesideatvalvista.com I am privately funding it until our board decides to approve adopting the site. And I have the disclaimers stating that it is a privately funded site.

Regarding the minutes: Consider that the board may have had a discussion regarding a special assessment and the minutes state: "Discussion was held regarding a special assessment". It was only a discussion and no action was taken at that time. However, if that information was in the public view, then it may turn away a potential buyer of a home. The homeowner who lost a sale because of that may take action against the HOA for causing a loss of a sale. Just food for thought.

So my opinion is that minutes and newsletters are for members only. If the newsletter editor places that special asssessment information in the newsletter, or publishes some minutes and financial information in the newsletter, then that creates a problem if it is in the public view.

What if there were a car theft in the area, or a home robbery? That information should be in a newsletter to alert member homeowners. But again if a homebuyer sees that information it could make them think this is an unsafe neighborhood because it will stand out. However, taken in context with the city crime statistics, this could be minor. Police reports are the source of that type of information for a homebuyer to research. I don't think they should find it in a newsletter.

CharlesW1 (Georgia)
Posts: 826
Posted:
WilliamT,

I’m going to review the attorney site this afternoon. I did take a look at the photos of your community web site. They look incredible! WOW. I see this to be a place where I could go for a vacation and just relax.

I can definitely understand what you are saying, that the minutes are in deed public accessible, but it doesn’t look all that professional if the communities business is displayed for the public to see. You are right, if anything it should be members only. It’s really not of any one else’s concern outside of the community. You have a very valid point.

Thanks for the web site. I’ll be taking a look at that here soon enough
Chuck W.

Charles E. Wafer Jr.
JoeS4 (Kentucky)
Posts: 77
Posted:
Here is just a little note for you and others. I've found it with our board as well, the board is for all the members, there are no secrets, you are looking out for everyones best interest, if not there is your conflict. Posting the board actions on a member only website would be great, the sooner the better, and leave the board members emails so they can get feedback. The board is to communicate with the members not hide actions taken, we all have to remember this in each action taken or we are all at fault.
JosephW (Michigan)
Posts: 882
Posted:
Here's another problem to think about. What if one of the association contractors wants to advertise on your site. No matter how innocent it might really be, it would look like they're advertising in order to get your vote for the contract. You would have to recuse yourself from voting on any issue regarding any advertiser on your site, which means you may not be doing your job as a board member.

At the same time, its going to look like you're profiting off your board position by selling ads on a web site with the association's name and business on it.

The real problem is not whether there is an actual conflict of interest, but whether there is a "perception" of a conflict. That can create unneeded issues. I think you're going to run into problems.

For whatever its worth, consider dropping the ads while you're on the board, and let the association cover the actual out-of-pocket cost; or, keep the ads, but give the revenue to the association; or, don't run for the board.

Joe

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