Sunday, May 29, 2016

A [HOA] 'code of ethics' agreement fraught with legal implications.

Donie Vanitzian
QUESTION:  After I was elected to the board, the association’s manager contacted me and said I can't attend a board meeting until I sign and agree to a "code of ethics."  It reads like a laundry list of what a board director should and should not do, including instructing board directors not to speak up and only act as a unanimous body with one voice -- or not at all. I believe this infringes on my rights as a homeowner and director.
My personal attorney tells me I should not sign it because it is not required by the law or our association's governing documents. He explained it has the effect of prejudicing my actions as a board director and that if the board is ever sued the document can be used against me, the board and the association in general.  But the manager said I can’t sit on the board unless I sign this!  What should I do?

No comments: