Criminal records
Last month our community received an email from the board letting us know a board member has a recent criminal past. I was shocked to learn my community didn’t require a background check for new board members. I live in a large planned community in the east valley. The board has been through 6 board members who have resigned this year. Power Ranch I feel is in a bit of a crisis stage. A neighbor received an email that Dennis was speaking to our community next week at a town hall. Not all residents received an email. So I don’t believe it’s board sanctioned. It’s being hosted by the board member who was on trial this year. She was convicted and is currently on probation along with other restrictions. Does the state have any requirements for board members releasing info on their current criminal convictions? She and another board member run their own website. Not all homeowners are permitted to join. I would consider attending if you could provide info on a code of ethics for board members. Also, I hope the board members who invited you informed you of the 34 page letter sent to our community explaining her actions along with her civil and criminal case.
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sjan76597,
Yes, I’ve been asked to speak to members of your community on Monday evening. While I do know of the board member you speak of, I was not aware of the details of the specific case they were implicated in. Quite, frankly, that is totally none of my business. There is no state statute limiting the ability of a homeowner to run for the board or even to remain on the board after a civil or criminal conviction unless the presiding judge on the case orders the removal of those board members based on the facts of the case. It is human nature to speculate on the facts of the case but unless you are aware of all the details of the case, you would be well advised to not cast any dispersions against this individual based on hearsay only. There is no requirement in law to identify any conviction of any sitting board member to any member of the community, but that information is a public record of the court system and tends to spread around quickly. The board cannot remove any board member they can only be removed by a recall or a resignation. The board serves at the pleasure of the homeowners and you are free to process a recall if you believe that that individual is not serving the community’s best interest. But ask yourself this after what your community has gone through and is still going through with lawsuits that have taped $300,000 of association funds in legal expenses on a case that you cannot and could not ever win and having a $10 Million countersuit against you. Should you be focusing on a single indiscretion of an individual or what that individual can bring to the table to help guide your community through the mess that the prior that allowed an unscrupulous attorney to mislead them into filing the lawsuit in the first place?
You have a new board and I will work with all of them and any of the 4000 plus residents of this community heal old wounds and get your community back on track.
I don’t like code of conduct policies in these communities for either the board or the members because I’ve seen them both weaponized by individuals to attack their opponents or perceived opponents. This is still a free country, and board members and community members are entitled to the right of free speech and the right to have opposing positions from others in the community. I’ve just seen so-called code of conduct policies abused to suppress free speech or to venture opponents to individual board members. At the same time, a standard of conduct is viable as long as it is focused on the effective operation of the community and not on controlling the behavior of individuals.
And no, I’ve not been made aware of the 34-page letter. Once again, that is totally none of my business. Once again, it was free speech; no one made anyone read that message and you were free to read it or throw it away.
Just remember that is how free speech works; just because someone thinks differently than you do does not make them wrong. All communities work better when differing perspectives discuss all issues and come to a consensus for the overall good of the community. Boards are all better is they are made up of people who do not think the same but all want to work for the betterment of the community irrespective of their past and prior experiences.
Dennis
I appreciate your feedback. No speculation on the crime. It’s public record. I am new to the community and all of this so much to take in. Thanks again for the insight