Question:
What are the rules being a HOA board member in regards to voting on a fence responsibly that borders your property ? There are multiple board members in same situation.
– Bob
Answer:
Hi Bob,
Board members have a fiduciary duty to act and make decisions that are within the best interest of the community. If there is a conflict of interest, it is best that board members fully disclose the conflict and recuse themselves from the vote. They must not be present during the vote so that the remaining board members can discuss and vote on the matter without the influence of the director with the conflict of interest. Keep in mind that a director that acts for their own personal interest instead of the association’s loses the protections of the Business Judgement Rule.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
