Alaska Code of Ethics, Duty of Care of Board of Directors of Homeowners' Association
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FAQ
HOA Bylaws The bylaws simply state the particulars of how to operate the HOA, such as how often to conduct meetings, the process of holding meetings, and voting rights. This document also includes how many board members there should be as well as the functions of each of those board members.
The three fiduciary responsibilities of all board directors are the duty of care, the duty of loyalty and the duty of obedience, as mandated by state and common law. It's vitally important that all board directors understand how their duties fall into each category of fiduciary duties.
The operating rules are the lowest in the hierarchy of governing documents. In case of any conflict in the provisions, any of the bylaws, articles of incorporation, CC&Rs, or the law will prevail over the operating rules.
Duty of loyalty requires HOA board members to act in good faith to promote the best interests of the entire association. HOA board fiduciary responsibility prevents board members from making decisions to further their personal interests. Board members must also avoid an HOA board of directors conflict of interest.
Creating a Code of Ethics for HOA Board MembersCommit Yourself to the HOA.Follow Your Governing Documents and Applicable Laws.Disclose and Avoid Conflicts of Interest.Practice Confidentiality.Never Discriminate.Exhibit Professional Behavior.Always Work Within the HOA's Structure.More items...?
Recusal. After identifying a conflict, an involved board member should recuse him or herself from any voting in the issue, as well as refrain from participation or presence in the room when remaining board members discuss the issue. No exceptions. Rules must apply equally to all members, including those on the board.
Specifically, fiduciary duties may include the duties of care, confidentiality, loyalty, obedience, and accounting. 5.
What are the three fiduciary duties? The three fiduciary duties board members of an HOA should uphold are the Duty of Care, the Duty of Loyalty, and the Duty to Act Within the Scope of Their Authority.
The Davis-Stirling Act governs homeowners' associations (HOAs) in California. Initially passed in 1985, the Act has been frequently amended since and addresses nearly every aspect of an HOA's existence and operation. The Davis-Stirling Act is organized into the following eleven Chapters: Chapter 1 - General Provisions.