Ethics

[Guest Mee]

I am currently on my HOA board. There is a resident who is wanting to be on the board who 1. has a current covenant violation and 2. two years ago sent out false proxys in her behalf to try and gets votes to become president of our HOA. I have copies of these false proxys. The current board says she has every right to run to be on the board because it does not say in our bylaws that if you have a current violation that you cannot be on the board. I stated that this would be unethical because a board members responsibility is to up hold the covenants. How can a person hold other residents accountable when she has a violaton? And the false proxys to me might even be against the law. like fraud. we are incoroporated. Does anyone know if she can really become a board member??

[Chris Harrison]

I am currently on my HOA board. There is a resident who is wanting to be on the board who 1. has a current covenant violation and 2. two years ago sent out false proxys in her behalf to try and gets votes to become president of our HOA. I have copies of these false proxys. The current board says she has every right to run to be on the board because it does not say in our bylaws that if you have a current violation that you cannot be on the board. I stated that this would be unethical because a board members responsibility is to up hold the covenants. How can a person hold other residents accountable when she has a violaton? And the false proxys to me might even be against the law. like fraud. we are incoroporated. Does anyone know if she can really become a board member??

I can understand your concerns but there is nothing in RONR that would prohibit someone from being elected to an office just because they did (or did not do) something. If the bylaws don't prohibit her from running for the Board then she has as much right to run as you do. However, just because she runs for the Board doesn't mean she has to be elected. If you are concerned about her fitness to serve then rally the troops to vote for someone else. Shoot, why not throw your own hat in the ring?

[J. J.]

I am currently on my HOA board. There is a resident who is wanting to be on the board who 1. has a current covenant violation and 2. two years ago sent out false proxys in her behalf to try and gets votes to become president of our HOA. I have copies of these false proxys. The current board says she has every right to run to be on the board because it does not say in our bylaws that if you have a current violation that you cannot be on the board. I stated that this would be unethical because a board members responsibility is to up hold the covenants. How can a person hold other residents accountable when she has a violaton? And the false proxys to me might even be against the law. like fraud. we are incoroporated. Does anyone know if she can really become a board member??

Your board is right and you are wrong.

Qualifications for office are specified in your bylaws (see pp. 14, 431). No rule in RONR would in any way prevent it.

You may, however, vote against electing the person and encourage others to do the same.

[Josh Martin]

Shoot, why not throw your own hat in the ring?

Because she's already on the board.

[hmtcastle]

Because she's already on the board.

Shoot.

[Gary Novosielski]

Don't shoot.