HOAleader Video: Do I, As a Board Member
Reporting a Violation, Need to Then Recuse Myself?
HOAleader.com - Tip of the Week - September 24, 2021
This week's tip is the latest installment in HOAleader's ever-expanding library of quick tips on video. The topic for our experts this time is one based on a question from an HOAleader.com reader:
"A homeowner with a dog has gotten various violations that clearly came from a director because the homeowner shares the driveway with the director. The homeowner has requested a meeting with the board to dispute two of the violations. An executive meeting was scheduled.
"The homeowner knows it was a director on the board who reported and took the photo evidence. The homeowner came to the director's home after she got them and yelled at the director's husband for reporting and spying on her.
"Is there a reason, as the reporter and director, I should recuse myself from a vote of these disputed issues because of the close proximity of our units and my being a director with a vote? Or do I just vote as usual as a director?
"I don't want to have any reason the homeowner could use to come back at the association. She has expressed the reasons for getting them as a bias against her race. But she was reported for breaking long-standing rules."
Just click the play button below to hear a short clip in which two of HOAleader.com's experts—Katie Anderson, PCAM, AMS, CMCA, the founding owner of Aperion Management in Bend, which manages nearly 70 condo, HOA, and townhome associations throughout Oregon, and Robert E. Ducharme, founder of Ducharme Law in Stratham, N.H., who specializes in representing community associations—share when
they advise board members to recuse themselves—and when board members might want to recuse themselves but shouldn't.
