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COMMITTEE CHAIR ON THE BOARD

QUESTION: I have been the chair of a committee for four years. I am considering running for the board. Does my chairmanship of the committee create a conflict if I am elected to the board? If I continue as committee chair, do I need to recuse myself from voting on recommendations I make to the board simply because I am committee chair?

ANSWER: There is no conflict of interest. In fact, chairing a committee is good experience for serving on the board. Unless your bylaws provide otherwise, boards may appoint anyone they believe would be helpful (whether owner, renter or otherwise) to the committee. Moreover, the president often serves as an ex officio member of all committees of the board. If so, the president has the right but not the obligation to participate in the committees. (Robert's Rules, 11th ed., p. 456, 497.)

Recusal Issues. The only time you need to recuse yourself is when you have a conflict of interest, i.e., when matters come before the board where you or your family will receive a benefit different from other members of the association. Otherwise, you can make motions and vote on all matters recommended by your committee.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC