Board Member Conflict of Interest

Started by BrittneyW1 • 4 replies • 1768 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BrittneyW1 (Colorado)
Posts: 1

Posted:

Our community elected 2 new board members recently. One of the new board members is involved in a personal lawsuit with another homeowner in the community. The current board members were aware of this lawsuit and didn't reject this person's nomination. They allowed this person to run in the election and encourage people to vote for this person. I believe this qualifies as a conflict of interest with the board and the person should resign from the board and/or the board members should be recalled.

Thoughts?

GlenL (Ohio)
Posts: 5,491

Posted:

Unless the lawsuit somehow involves the HOA then IMO it is not a conflict of interest, especially since her involvement is known. If it does involve the HOA and she is personally involved she should recluse herself from any votes to avoid the appearance of impropriety.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Brittney,

To add to Glen's opinion:

I think she should recuse herself from voting on any issue that involves this h/o; i.e. if an A/C approval is requested, she should not vote on it and also go so far as to ask the sec to make certain her abstention is noted in the minutes. IMO, until her lawsuit with this member is settled, she should be careful not to "portray" any conflict of interest.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Brittany - HOW is this a conflict of interest? The board does not stand to benefit monetarily; the lawsuit is outside of board business and/or concern; I can't think of any decision that would involve the board in this lawsuit.

By the way, how does the board "reject" a nomination? On what basis?

JeanneK3 (Maryland)
Posts: 562

Posted:

I agree with Susan W. It might be a different matter if this person had sued the board and your governing documents said that a person who is suing the board may not run for the board. As it stands, the board should stay out of this dispute.

🎯 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