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Found 6 results

  1. Can a husband and wife in the same household serve as President and Treasurer on a HOA board at the same time? Or, is this considered a possible conflict of interest? I checked our Bi Laws and there is no reference permitting or not permitting this, and nothing in our rules and regulations. Thank you for your legal opinion on this matter.
  2. I serve on a board alongside a member who holds a full-time job while also engaging in real estate activities on the side. He has expressed an interest in sending his information to unit owners if a property becomes available for sale, with the goal of potentially becoming their listing agent. I have raised concerns regarding the possibility of a conflict of interest, but two out of the five board members have stated that they do not believe it constitutes a conflict and have no objections to his pursuit. Is this situation truly a conflict of interest, and if so, why?
  3. Robert's Rules state that a person (i.e. a Member of Council) can nominate themselves for an open officer position, but I see no mention of being able to actually vote for yourself. This seems to be a conflict of interest. Yes, even the President of the United States can cast a vote for him or herself for President when they are a regular citizen, however, there are only 4-7 officials voting during a Council meeting, so it seems unfair and unethical that a council member may not only nominate themselves, but also give themselves a vote that would (if they win) effectively give them more power and authority as Deputy Mayor, especially when the town mayor had resigned prematurely and so the Deputy Mayor immediately became the Acting Mayor with all the rights, privileges, and authority of an actual publicly-elected mayor, without the public electing them to office. The Local Government Ethics Law in NJ prohibits even the appearance of a conflict of interest, yet such a vote appears to represent a very direct and actual conflict of interest. When there are many millions of citizen voters voting for those seeking public office, this seems correct and fair. But elected officials voting to further elect themselves to higher office/more authority seems very unfair and unethical. So, is voting for oneself in accordance with Robert's Rules? If so, where exactly does it state that a person can vote for him or herself?
  4. I just went through a planning commission public hearing and the vice chair recused himself. He then was allowed to present the Special Use permit to his own commission for approval. His client was the developer that will construct the 17 acre complex. There was no disclosure of the conflict. The City attorney said that if he is recused he becomes an ordinary citizen and can perform as a project engineer and do the presentation. What are your thoughts on this? I can’t believe it happened!
  5. Is there a rule when a board member does not declare a conflict of interest? Does not vote on motion put forward, post vote states member was not in favour of it passing and now wants roll call vote when there may have been a possible conflict? Does a new vote need to take place even though the original motion was passed and carried?
  6. Can a married couple serve as President & Fire Chief of a volunteer fire department? Would this pose some sort of conflict of interest and is there anything to warrant against it?
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