conflict in board

Started by BrianM2 • 6 replies • 1995 views

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BrianM2 (West Virginia)
Posts: 1

Posted:

Im roads commitee chairman in an HOA. We have a board member who wants to bid on road work. This last time all the bid info I had gathered was distibuted at an annual meeting. After this, he submitted a bid.( he knew all the figures on bids from other contractors)
Of course he came in slightly lower. The board didn't award it to him for 2 reasons, experience (4 years versus 20 and unethical and possible colusion) He's complaining. I think the right route was taken. Do you agree?

BrianB (California)
Posts: 2,820

Posted:

yup.

no one gets to bid after all the bids are opened. it's not fair.

RogerB (Colorado)
Posts: 5,067

Posted:

It would be a conflict of interest for him to bid after all bids are opened. And it would be unethical for the Board to award him the bid. In fact the Board should not have even accepted his bid.

SueS (Washington)
Posts: 5

Posted:

The board is writing new By-laws and we are
having a problem with the only homeowner than
owns two lots. Our current by-laws and CC&R state: assessments shall be paid on each lot. He wants the
Association to change this to one per home, so he
does not have to pay annual dues on both his lots.
I feel that this is not a benefit for all in the
Association and I am concerned about any legal problem
that may come up if we make this personal change for him.
Like if the property where sold. If we change the dues
for him in our By-Laws, will this in anyway but our
Association in legal distress??? Help.

RogerB (Colorado)
Posts: 5,067

Posted:

Sue, this is a bad idea. What would happen if he sells the lot? You can not just amend the By-laws, it would require amending the Declaration. Tell the owner they are welcome to try to amend the Declaration if they wish but it would probably be a waste of their time. I seriously doubt many other owners would approve such a change.

SueS (Washington)
Posts: 5

Posted:

Posted By RogerB on 09/29/2006 1:44 PM

Sue, this is a bad idea. What would happen if he sells the lot? You can not just amend the By-laws, it would require amending the Declaration. Tell the owner they are welcome to try to amend the Declaration if they wish but it would probably be a waste of their time. I seriously doubt many other owners would approve such a change.

I thought than the Bylaws, where amendments to the CC&R,
and would voted on by 2/3 of the members. The owner
that wants to change the dues for his two lots and only
pay for a has a lot of friends in out HOA.

SueS (Washington)
Posts: 5

Posted:

Posted By SueS on 09/30/2006 10:40 PM

I thought than the Bylaws, where amendments to the CC&R,
and would voted on by 2/3 of the members. The owner
that wants to change the dues for his two lots and only
pay for one, has a lot of friends in our HOA.

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