|
| Wednesday, January 07, 2009
|
|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
DianaF
(Ohio)
Posts:3
 |
| 05/11/2006 4:57 AM |
|
| I live in Ohio, does anyone know if it is illegal for us to be paying a board member, who is also the secretary, an income? |
|
|
|
|
hoatalk
Posts:490
|
| 05/11/2006 5:45 AM |
|
Please search this forum for the word compensation (search link on upper right) and you will see many conversations on this subject.
Here's some subjects to look at when you search:
Board President wants vote to cut her dues
Our treasurer is being paid
Dues for Board Members?
Can board members receive compensation?
|
|
HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
BrianB
(California)
Posts:1748
|
| 05/11/2006 8:45 AM |
|
in general, a BOARD member cannot be paid.
someone doing duties can be, but they cannot be a BOARD member.
So, does this person sit on the board? No pay. Do they have a vote on board issues, or express opinions on board work/issues? no pay. Were they elected? No pay.
Or, do they simply come to the meetings, and do the work that the board directs them to do? Were they hired through an open process by the board? If all these apply, and they don't vote, express opinions, etc, then, it may be okay for them to be paid. |
|
|
|
|
SwanB
(Washington)
Posts:194
|
| 05/11/2006 10:11 AM |
|
We had a similar situation when I bought my home in the HOA. The Board Secretary was a volunteer position but was also the paid office staff person. It was really messed up and the individual holding both positions was not very good at drawing the lines between when she was performing the duties of one position and the duties of the other. Even though the office staff position was a 'secretarial' position as far as all the tasks performed by this person (and every other person in the job since). The Board circumvented the sticky situation by calling the paid position an assistant security position. However none of the members ever knew this or any job description with this title was ever written or documentation of this position was found to be created and funded.
There was a proposal for an assistant security position to be created and funded from a particular source but no action on the position was recorded or the source for the proposed position ever pursued or created. And this proposal occured after this individual was working in the paid position as 'whatever'. |
|
|
|
|
RogerB
(Colorado)
Posts:3724
|
| 05/11/2006 10:34 AM |
|
Diana, normally it is not illegal to pay a Board member for performing services providing these are not duties specified to be done by them as a Board member. However, this does create the appearance of a conflict of interest and must be handled very carefully.
I suggest:
1. That the Board member who wishes to be considered for non-Board duties shall not be involved in any manner in the actions and decisions made by the Board.
2. Competative sealed bids be obtained using a RFP.
3. The person is hired as an Independent Contractor and must provide such insurance as required by the Board or the HOA's controlling documents. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|