Philadelphia Pennsylvania Code of Ethics, Duty of Care of Board of Directors of Homeowners' Association

State:
Multi-State
County:
Philadelphia
Control #:
US-1127BG
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Word; 
Rich Text
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Description

Homeowners require their properties to be properly maintained; they expect a healthful living environment; and they anticipate the Board of Directors will function efficiently and effectively and provide a financially sound organization. Accordingly, the services provided by the Board of Directors require honesty, impartiality, fairness and equity, and must be dedicated to the protection of the public health, safety, and welfare. Board of Directors must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct. Board Members, therefore, must be eager to maintain and improve the standards of their calling and share with their fellow homeowners a common responsibility for its integrity and honor. As such, Boards of Directors pledge to observe its spirit in all of their decisions and to conduct the business of the association in accordance with the creed set forth.
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FAQ

HOA board of directors is elected by the association members, while the board appoints HOA officers. As nonprofit corporations, HOAs requires to hold annual meetings for their members. During these meetings, the members elect directors to serve on the board.

Main Duties of HOA Board Members Ensure Compliance to Laws and Governing Documents.Maintain Common Areas.Enforce HOA Rules and Regulations.Manage HOA Finances.Conflict Resolution.Duty of Care.Duty of Loyalty.Duty to Act Within the Scope of Authority.

For this reason, Florida law holds that HOA boards and board members have certain legal and ethical responsibilities toward property owners and shareholders, known collectively as fiduciary duty.

What makes a good HOA manager? A good HOA manager must be confident enough to voice their opinions and not let others step over them. Some board members will be very opinionated, and the manager should know how to respond to them in a helpful and constructive way. A manager should be able to act as your HOA's leader.

A fiduciary duty is a commitment to act in the best interests of another person or entity. Broadly speaking, a fiduciary duty is a duty of loyalty and a duty of care. That is, the fiduciary must act only in the best interests of a client or beneficiary. And, the fiduciary must act diligently in those interests.

What Makes a Great HOA Board Member? Enjoy volunteering.Are civic-minded.Are positive and optimistic.Exercise fairness.Know that the rules apply to them, too.Take their role seriously.Have a mind for business.Understand that their authority comes as a board, not a board member.

You want to become a better leader. Serving on the board can be a wonderful opportunity to develop your leadership skills and learn from others who are experienced board members. You can bring fresh ideas while also learning the ins and outs of running an HOA and working with diverse people. You don't need recognition.

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.

What Does the HOA Board President Do? Schedule, attend, and run board meetings. Establish meeting agendas. Serve as the main point of contact for management partners. Sign association documents. Call for votes and announce results. Appoint committees.

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.

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Philadelphia Pennsylvania Code of Ethics, Duty of Care of Board of Directors of Homeowners' Association