conflict of interest

Started by MarkS1 • 4 replies • 1699 views

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MarkS1 (Florida)
Posts: 2

Posted:

We have an HOA in fla of 260 single family homes. Mr. T is on the Board. His son, Mr. T Jr. also lives in the community, owns his own home and pays his own dues. Mr. T Jr. actually lives here longer than his father. The management company says that state law on conflict of interest does not allow family members of directors to serve on committees. Does this (should this) apply to spouses and children IN THE SAME HOUSEHOLD, or does it also apply to Mr. T jr. Does the Conflict of interest disenfrantchise him as a homeowner? Is this legal. He wants to serve and volunteer.

RogerB (Colorado)
Posts: 5,067

Posted:

I interpret that law to mean family members (living in the same home). I don't think it applies in this case. Each owner of a home has individual rights; I see no conflict of interest.

BarbaraK (Florida)
Posts: 36

Posted:

Unless your documents say differently, there is nothing in the Florida Statutes that say it is illegal for 2 family members to serve on the same board. They don't mention anything about it being a conflict of interest.. Why should it be a conflict of interest?

LuciusD
Posts: 139

Posted:

This one interests me because it sounds as if the managment company is "practicing law" without a license. And it may be doing so incompetently. I think the answer in a case like this is to demand that they "cite chapter and verse".

SalM (Florida)
Posts: 1

Posted:

Is it legal in Florida for a BOD to pass a motion to prevent a spouse of a Board member from becoming the chair person of a committee>

Jim

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