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HOA Officer puts home on market - are they required to resign?


Guest Brad

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Our HOA Board President has had her condo on the market for several weeks and has not informed the Board (we found out through the grapevine and confirmed it with a realtor). It is my understanding that when an Officer puts their unit on the market, that they are to immediately resign their post, as it is a conflict of interest (if nothing else). Is this accurate? Our By-Laws don't provide guidance in this situation.

Let's just say that if it's true...it will be an answer to prayer!

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Nothing in RONR requires an officer or director to resign simply because they have their 'share' of the organization up for sale (in this case their home.) RONR does not even require a member of the Board being a member of the organization. So, unless the By-laws state that a Board member must be an owner, the President can continue to serve on the Board. And personally, I don't see a conflict in this case.

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Our HOA Board President has had her condo on the market for several weeks and has not informed the Board (we found out through the grapevine and confirmed it with a realtor). It is my understanding that when an Officer puts their unit on the market, that they are to immediately resign their post, as it is a conflict of interest (if nothing else). Is this accurate? Our By-Laws don't provide guidance in this situation.

Let's just say that if it's true...it will be an answer to prayer!

Even if there is truly a conflict of interest (and I see several posters have offered their personal opinions on this question), there is nothing in RONR that requires an officer with a conflict of interest to resign from her position.

As others have stated, if you have such a rule, it must be found elsewhere.

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