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Home-owning board members rights

What is the succession of rights when a homeowner happens to be a board member?

For example. As a board member I would like to invite a group to address my community’s homeowners .

I’d also like to hold it publicly in the community room on the property. If I can’t do so because of restrictions on who can use the room for a public meeting (if they are a board member for example) I would have to rent it to for non-public use.

Either way, I have no way to invite homeowners as we have no public bulletin board, the notifications to homeowners are restricted to use by the management company or board for board business only and the R’s&Regs contain prohibitions against “soliciting” door-to-door.

Also, as board member, would the board have to approve my holding a community education meeting either way because my position as a board member contains some legal ramifications of which I am unaware?

And most of which of my designations ov homeowner who happens to be on the board, has legal priority?

4 Responses

  1. DennisL

    Cynthia,

    My bill HB-2158 go exactly to this issue but it is specifically targeted to any homeowner asking to use community property to invite members of the community to discuss community issues. While not law yet, it still has to pass the Senate and get approved by the governor, but it is well on its way. As a board member I don’t understand the issue unless the rest of the board does not want you meeting with the members of the community. I’m assuming when you say “you want a group to address your community members” you are talking about a group of homeowners not a group of outsiders? If they are outsiders than that is a totally different issue. Who are these people and what do you want them to discuss? While my bill addresses this in a way that allows any homeowner to invite one outside quest speaker, multiple homeowners can each invite one outside speaker to the same meeting.
    The common property belongs to the association and the board has the right to establish rules for its use. My bill provided a caveat to that right relative to assemble of members to discuss community business.

    Dennis

  2. Cynthia Black

    “As a board member I don’t understand the issue unless the rest of the board does not want you meeting with the members of the community.”
    ANSWER: Board members acting on their own initiative (as a homeowner) is in most cases “discouraged.”

    “Who are these people and what do you want them to discuss?”
    ANSWER: For example, AZHOC, to generally inform on rights and additionally answer questions that might come up, publicly.

  3. DennisL

    Cynthia,
    As an individual homeowner you can do anything that you want to but as a board member you have to be very careful because people may construe anything that you say as a position or guidance from the board. The board is a body, and no director is allowed to act unilaterally. For example, if a homeowner was to meet you on the street and ask you a question about the community like would it be OK if they planted this bush in their yard. Depending on how you answer that question may be a breach of duty to the community. If you said yes, the homeowner could reasonably believe that he asked and was given permission to do something from a board member without going thru the required process. You had no authority to give that permission even if you had no intention of giving that permission.

    The only correct answer to that question would be that in your opinion you would see no problem with the plan, but they would have to go thru the required review and approval process.

    When an individual board member decides unilaterally without the approval of the entire board to meet with a group of homeowners it can be a good thing and simply based on getting input from the community, but can also be a real liability to the association depending on how the board member conducts him or herself. As a board member you are always a board member and anything you say could be construed to be representative of the board. So, you have to be very careful. There are many people out there trying to get you to say something that they can then use against the board.

    Dennis

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