Local zoning officials and planning board members have an obligation to act ethically, as provided by Article 18 of New Yorks State General Municipal Law (GML),[i] New York State Penal Law 195.00,[ii] local codes of ethics,[iii] court decisions, opinions of the New York State Attorney General and New York State Comptroller, and rules applicable to the professions (such as the Rules of Professional Conduct for lawyers). "acceptedAnswer": { "url": "https://www.hoamanagement.com/wp-content/uploads/2018/01/hoam-new-logo.png" Necessary cookies are absolutely essential for the website to function properly. Contact us today to ensure you get the support and representation you need. When in doubt, it would be wise to check with the associations legal counsel, in addition to reviewing CC&Rs and local laws to ensure that you are proceeding correctly. An HOA may be able to avoid many conflicts by requiring: It may take some effort to avoid a conflict of interest, but it will directly benefit and protect the association you've built. But, it is best not to hire a company or professional service if a board member owns or partially owns it. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". But opting out of some of these cookies may affect your browsing experience. Simply put, a conflict of interest is when personal and professional interests clash. Press J to jump to the feed. "@type": "Answer", When should a hoa board member recuse themselves The cookie is used to store the user consent for the cookies in the category "Analytics". The transaction was fair to the association. No exceptions. What Are HOA Disputes? Board members have the responsibility to recuse themselves from their responsibilities any time they have a problem keeping their fiduciary duty to the HOA - or, in other words, representing the HOA's best interest. It added that where board members were sued in their personal capacities for compensatory and punitive damages, exposure to personal liability was a particular concern in determining whether recusal was appropriate.
