How can an association ensure it has qualified board members who will keep the association’s best interests in mind? An association should consider adopting a mission statement that captures the direction and values of the community, which can aid board members in decision-making. Identifying the association’s vision for the future, its operating values, and its goals can help provide board members with a roadmap to ensure that they are working toward the association’s objectives. Ideally, the association membership, and not just the board, would create the mission statement. Having an association mission statement can help keep the board focused, which may in turn make the board’s work easier.
The association can request that members interested in serving on the board submit written statements. A questionnaire or profile might include why the member wants to serve on the board and any special qualifications that person may have. The candidates should also be required to disclose any financial, business, professional or personal relationships or interests that would result or appear to result in a conflict of interest. With this information, members can vote for the candidates who they believe would best further the association’s interests.
The association should ideally seek to have a board composed of members with varying backgrounds and experiences. This can help ensure there is a range of perspectives on issues and that the community is fully represented, which will help to promote the association’s interests. To achieve this, the association may actively solicit candidates in advance of the meeting at which elections are held. If there are particular members who would be a good fit on the board, the association should help them understand the value they can bring to the community and the influence they may have on the association’s affairs.
An association can also consider limiting board membership to members in good standing. A member is not in good standing if he or she has unpaid assessments or fines, or has significant ongoing violations of association rules. These potential board members may not be able to put the association’s interests first. Such restrictions must be approved by the owners and added to the association’s declaration or bylaws. Check with your association’s attorney for more information about how to adopt this type of restriction. If a sitting board member lost his or her “good standing” status, some type of due process opportunity to cure should be in place.
there is only one volunteer for a vacant board position, for example, owners can still vote whether to have that person on the board. An unpopular or divisive candidate does not automatically become a board member.
Suggestions for implementing a code of ethics A board of director code of ethics is not mandatory, but adopting one is useful in identifying behaviors expected from board members and promoting director integrity. While the bylaws might include a statement of the roles and responsibilities of the board members, a code of ethics helps the board members understand the expectations and requirements of the position. The code of ethics can guide decision- making and help board members keep the association’s best interests in mind.
interest of the community, to comply with the association’s governing documents and all applicable laws, to avoid conflicts of interests, to be prepared for and attend board meetings, to be respectful of other board members, and to avoid interfering with the conduct of meetings. The code should be based on the association’s values and guiding principles. It should include what expectations, responsibilities, and behavior standards are expected of board members.
Aside from creating the code, the association might also adopt a process for implementing the code. The code should be given to all current and prospective members of the board and before the code is implemented, members should be given the opportunity to comment on it.
Because a code of ethics is an aspirational document, an association may struggle with how to enforce it. Even if a board member has multiple, documented violations, the board alone cannot remove an elected director from the board. A meeting must be called for the membership to vote on whether to remove the board member.
In summary, to attract qualified board members an association should make board service easier by delegating some of the board’s work, set realistic expectations for potential candidates, and emphasize the influence they could have from being on the board. To help ensure that board members will keep the association’s best interests in mind, an association can articulate the community’s values, have candidates provide information to the membership for elections, and limit service to members in good standing. A code of ethics, signed by every board member, can clarify the community’s expectations of its board members.
www.wscai.org 17
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32