Need input on havin your own business and being an HOA President

Started by MC4 • 4 replies • 1261 views

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MC4 (Florida)
Posts: 29

Posted:

I have my own lawn care business. I only do residential lawn care, no commercial. I am the President of a community and I have a few accounts there with individual homeowners. My business has no participation with the HOA, meaning we have a separate landscaper and lawn care company, that takes care of our common areas. I choose not to get my business involve with anything that has to do with the HOA Inc. I wanted to step down but since I;ve been president our deliquency rate has gone down. At first it was at 75% and our community looks great, the best its been in 6 years. Many of the homeowners do not want me to step down. You will always have your complainers and naggers that claim that this is a conflict of interest. I checked with the courts and was told that it wasnt. That I can conduct business with individual owners but not the association incorporation. Your opininions are appreciated. Not sure on what to do. Also the association attorney also said the same, that I am in no violation.

TimB4 (Tennessee)
Posts: 21,047

Posted:

I would agree with the courts. I would also add that if any owner that you do business with has a hearing with the Board concerning the landscape that you recuse yourself from the vote (and make sure it's noted in the minutes as such).

Hope this helps,

Tim

JeffR7 (California)
Posts: 251

Posted:

MC I don't see anything wrong with what you are describing. Owners are free to chose you to take care of their yards and they know upfront that you are the board's president.

PeterD3 (Florida)
Posts: 708

Posted:

The only possible conflict that comes to mind immediately is if you used your vote as President to try and prevent/block a landscape violation notice (if one were to exist) to be filed against one of your customers.

Tell the naggers to prove any conflict. The burden of proof is on the accuser.

BradP (Kansas)
Posts: 2,640

Posted:

MC

I don't see anything wrong with what your doing, I also don't see anything wrong with you doing the association provided you recuse yourself from any discussion/vote on the issue.

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