HOAleader.com - Tip of the Week - November 20, 2020
Published: Fri, 11/20/20
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Don't Get Burned Trying to Embarrass Condo/HOA Board Candidates
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In this week's tip, we offer guidance on smart ways to ask board candidates questions that will be helpful to homeowners and not gotcha questions for candidates.
It starts with an HOAleader.com reader question, "Our current board created a new board candidate form that asks about prior service and reason for leaving if you've served before. Is that legal/ethical? I've never seen such questions in my five years in HOA community nor can I find any examples that include such questions doing online search."
Overall, our experts think this question makes a lot of sense and is perfectly reasonable.
"It seems like a fair question," states Matthew A. Drewes, a shareholder at DeWitt in Minneapolis. "This reader's question sounds purely like a question of experience and possibly a level of interest or commitment to the job.
"I don't know of a legal basis that you couldn't ask candidates to answer a questionnaire with questions like that as long as the questionnaire doesn't get into legally protected classifications or obligate them to answer questions they shouldn't have to," he adds. "For instance, there are questions employers can't ask.
"I served as chapter president of an international organization, and when I was elected to the board, I was asked a question like this," recalls Drewes. "It was something like: 'What other experience do you have on a volunteer board of directors, and what about that experience would help you in this role?' It was a similar question, and it wasn't offensive to me at the time."
Molly Peacock, counsel at Rees Broome in Tysons Corner, Va., who's represented condos and HOAs for 15 years, agrees. "I think it's a fair and smart question," she says. "Boards can ask almost any question. If they ask a flagrantly bad question—which I think this isn't—people will judge harshly the questioner. That reflects more on the asker than the candidate, really. Also, the candidate can say, 'That's an unfair question' as part of their response.
"That said, I think what would be unethical would be if a candidate declined to answer or answered cutely and wasn't allowed to run on that basis," she adds. "I think that would be illegal."
Susan Hawks McClintic, co-managing shareholder and the chair of the community association transactional practice group at the law firm of Epsten APC in San Diego, thinks this question is permissible. But she does note that a client raised an objection on a similar question that she hadn't considered.
Find out the client's concern, along with the danger of using questions to pursue ulterior motives, in our new article: https://www.hoaleader.com/members/4225.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Owners Want to Decline Developer Turnover Due to Breach
An HOAleader.com reader asks, In Texas. Our developer lost half the original development to the bank. We've been eight years waiting for an 'amenity center with a pool.' These are $400,000-500,000 homes, very upscale, and for eight years, homeowners were promised an 'upscale' like the 'other amenity centers and pools.'
Click here to read full article:
https://www.hoaleader.com/members/HOA-Owners-Want-Decline-Developer-Turnover-Due-Breach.cfm
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Forcing New HOA Owners to Correct Old (and We Mean Old) Violations
An HOAleader.com reader asks, "A previous board or manager of a Michigan condo association gave a member written approval to build a deck that exceeds the size allowable in the association's bylaws or rules. Ten years later the member is now selling..."
Click here to read full article:
https://www.hoaleader.com/members/Forcing-New-HOA-Owners-Correct-Old-and-We-Mean-Old-Violations.cfm
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Can You Ban Your Condo/HOA Owners from Posting Negative Comments Online?
An Arizona HOA is embroiled in litigation in which board members are suing members and alleging defamation over posts the homeowners made online. But we really home in on this sentence in that report: "Last fall, the board was crafting a social media policy that would ban homeowners from posting negative comments about the directors, residents or the association's employees and agents. Penalties for violation included clubhouse privileges suspension, attorney fees and other costs related to enforcement action and fines ranging from $50 to $150. The board eventually tabled it after residents voiced objections."
Click here to read full article:
https://www.hoaleader.com/members/Can-You-Ban-Your-Condo-HOA-Owners-from-Posting-Negative-Comments-Online.cfm
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Drones As Inspectors: Should Condos and HOAs Worry?
New York City is reportedly investigating the use of drones to do property inspections. Does this mean drones will have access to areas condos or HOAs don't typically allow inspectors to see? And how enforceable would a violation identified by drone be?
Click here to read full article:
https://www.hoaleader.com/members/Drones-As-Inspectors-Should-Condos-HOAs-Worry.cfm
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HOAs' Blatantly Racist Deed Restrictions At Issue in Missouri Lawsuit
In week's tip, we report on the Missouri attorney general's lawsuit against two HOAs after they allegedly refused to remove racial restrictions in their documents--and it's not like the restrictions were vague or could be misconstrued. Specifically, the documents stated: None of said lots during aforesaid period shall be conveyed to, owned, used nor occupied by negroes as owners or tenants.
Click here to read full article:
https://www.hoaleader.com/members/HOA-Sued-Over-Racist-Deed-Restrictions.cfm
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