fiduciary duty

Started by BB2 • 6 replies • 1317 views

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BB2 (Missouri)
Posts: 36

Posted:

Is it a breach of "fiduciary duty" for the Pres/V.P to not inform the membership that the current road project included work to be done on a private drive (belongs to 7 homeowners)and not a part of the subdivison road or drive, in addition to this the only portion of the private drive that was blacktopped is on the V.P.s lot. The HOA is picking up the tab for this. Not sure of exact measurements but it was roughly 90ft. x 9 ft.

MaryA1 (Arizona)
Posts: 7,043

Posted:

BB,

IMO, it would not be a breach of fiduciary duty for the pres to NOT inform the members; however, it would be a breach of fiduciary duty if the Pres did something that was in direct violation of the gov docs. Do you know for sure these 7 h/o's did not reimburse the assn for this road project?

BB2 (Missouri)
Posts: 36

Posted:

The 7 homeowners did not share any of the expense the only one of the 7 that received any benefit from the blacktop was the(V.P)he did not pay for this the HOA did or will.

SusanW1 (Michigan)
Posts: 5,202

Posted:

BB - ask for a copy of the minutes of the meeting and find the motion that was passed for funds to pay for this project.

For the VP to "benefit" from a project is not illegal or even improper - the community benefits from any improvement. However if you claim that the VP received extraordinary services then there may be a abuse of power.

Be sure that your allegation are clear and use the proper term.

BB2 (Missouri)
Posts: 36

Posted:

The reason this is an issue is the portion of the new blacktop is on V.P. property not subdvision the drive /road that is (drive curves)part of subdv. received no benefit no "transition" from new b.t. to existing drive/road, water is running under one home less than a week after some rain rock is washing from underneath and over top of new b.t. and NO the b.t. company did exactly what they agreed to.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

BB, I hate to say this BB but you are digging yourself a hole that soon will be harder to get out of the original question. No doubt you can visualize the problem clearly and attach critical physical images as you are looking at the area. You fail to convey a picture that allows the reader to see the problem. I think Mary or Susan or someone said: and I paraphrase. If the board or any member of the board breaches the covenants, then yes, they are accountable. Can this site determine that fact from what you post? I doubt it and never will. I am afraid the evidence of proof of misconduct has to be determined by your board. That has to be the first step. What they decide and post is then evidence that you can contest, and rebut with your evidence. That don't work, you have two choices, get support from the homeowners or go it alone, the later is the toughest of the two.

GlenL (Ohio)
Posts: 5,491

Posted:

BB you can also check with your local Zoning Commission to see if all of the work was properly permitted, inspected and approved. If the new blacktop is the cause of the water encroaching on someone else's property as you implied then the Z C would be the fastest way to remedy the problem.

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