HOA Board Members Removed Code of Ethics in PA

Question:

Hi I am a property owner at HOA Eagle Lake PA, in Gouldsboro, PA. I have a question about Board of Director’s and Committee Members being required to follow a Code of Ethics, Code of Conduct and have a Sexual Harassment Policy/Training in place? I looked through my Associatiin’s By Laws and there is nothing written. Several of our new Board members have had conduct complaints in the past as committee members but now have been elected to the Board of Directors. The first thing they did at their first Board meeting was eliminate the Code of Conduct, put in place by the prior Board, and reinstated everyone who was affected by the Code of Conduct. I would appreciate any help you can provide me.

Thank you.

– Dawn

 

Answer:

Hi  Dawn,

The Code of Conduct or Code of Ethics is important to ensure that board members act within the best interests of the association. If you are unsatisfied with your HOA board and disagree with their decision to remove this code, consider removing the problematic board member/s.

Section 5303(f) of the Pennsylvania Uniform Planned Community Act states the following:

“Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.”

You may also find further guidance within your bylaws.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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