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RECOURSE FOR ETHICS VIOLATIONS

Investigation. If the ethics violation is blatant and undisputed, the board can meet in executive session (minus the offending party) to discuss the appropriate course of action. Otherwise, the board can appoint an executive committee to investigate alleged violations. Once the committee has reviewed the evidence, met with the person (if possible), and conferred with the association’s legal counsel, it can present its findings and recommendations to the board for appropriate action.

Disciplinary Action. When a board member is caught in an ethics violation, the board may take any or all of the following actions:

  • have legal counsel send a warning letter;
  • censure the individual in the board's minutes;
  • remove the person from all committees;
  • remove the person as an officer of the board;
  • request the director's resignation from the board;
  • initiate a recall by the membership by setting a membership meeting date, appointing an inspector of elections, and sending out ballots;
  • initiate legal proceedings.

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