Code of Ethics?

Do many HOA's have a signed agreeement for the newly elected board members?

Our current Presidnet emails out about 2 weeks before our next meeing just reminders of what the treasurer needs, secrectary and and so on. I have found a great draft of Code of Ethics in our 2008 Condo Blue Book....

It clearly has a list of things on it that one agrees to, Main points

1.) agree to come prepared to HOA meetings

2.) Will not undermine, or cause embarassement to the board.

3.) Will attend meetings and will not miss more than 3 in a years time.

THere are plenty more listed. We have had problems with indiividuals on the board not be prepared or havenot reviewed board packets before meetings, one board member was absent >50% of the time..

I am wondering of the Code of Ethics approach is common?

Not directly answering your question but our docs provide that if a board member misses 3 consecutive meetings he/she is off the board.

I fail to see why an attendance requirement is listed in a "code of ethics."

Codes of Ethics are nice to have. I generally don't see anything wrong with them, but it seems to me that for volunteer boards they carry very little weight in terms of "firing" per se.

A board like an HOA is not a hiring and firing entity like a business is. In Kentucky an employee can be required to sign a Code of Ethics and if the employee violates the CoE, he/she can be dismissed.

A board can't just "dismiss" a board member.

Do your Bylaws include language that would allow anyone found in violation of the Code of Ethics be "fired" from their board directorship?

I'm not sure, but it would seem to me that would be the only way it would serve as that sort of instrument.

Otherwise, in general terms, it's certainly a nice thing to have.

By the way, many organizations have a Code of Ethics, but very often they are "guidelines" and not necessarily unequivocal rules of behavior that one can be fired for if they don't follow them. For example, I'm a member of the Society of Professional Journalists. Here is our Code of Ethics. I know of plenty of reporters, journalists, corporate communicators, public relations professionals who are also SPJ members who can be found "lacking" in many of these areas.

PREAMBLE
Members of the Society of Professional Journalists believe that public enlightenment is the forerunner of justice and the foundation of democracy. The duty of the journalist is to further those ends by seeking truth and providing a fair and comprehensive account of events and issues. Conscientious journalists from all media and specialties strive to serve the public with thoroughness and honesty. Professional integrity is the cornerstone of a journalist's credibility. Members of the Society share a dedication to ethical behavior and adopt this code to declare the Society's principles and standards of practice.

SEEK TRUTH AND REPORT IT
Journalists should be honest, fair and courageous in gathering, reporting and interpreting information.

Journalists should:

— Test the accuracy of information from all sources and exercise care to avoid inadvertent error. Deliberate distortion is never permissible.
— Diligently seek out subjects of news stories to give them the opportunity to respond to allegations of wrongdoing.
— Identify sources whenever feasible. The public is entitled to as much information as possible on sources' reliability.
— Always question sources’ motives before promising anonymity. Clarify conditions attached to any promise made in exchange for information. Keep promises.
— Make certain that headlines, news teases and promotional material, photos, video, audio, graphics, sound bites and quotations do not misrepresent. They should not oversimplify or highlight incidents out of context.
— Never distort the content of news photos or video. Image enhancement for technical clarity is always permissible. Label montages and photo illustrations.
— Avoid misleading re-enactments or staged news events. If re-enactment is necessary to tell a story, label it.
— Avoid undercover or other surreptitious methods of gathering information except when traditional open methods will not yield information vital to the public. Use of such methods should be explained as part of the story
— Never plagiarize.
— Tell the story of the diversity and magnitude of the human experience boldly, even when it is unpopular to do so.
— Examine their own cultural values and avoid imposing those values on others.
— Avoid stereotyping by race, gender, age, religion, ethnicity, geography, sexual orientation, disability, physical appearance or social status.
— Support the open exchange of views, even views they find repugnant.
— Give voice to the voiceless; official and unofficial sources of information can be equally valid.
— Distinguish between advocacy and news reporting. Analysis and commentary should be labeled and not misrepresent fact or context.
— Distinguish news from advertising and shun hybrids that blur the lines between the two.
— Recognize a special obligation to ensure that the public's business is conducted in the open and that government records are open to inspection.

MINIMIZE HARM
Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect.

Journalists should:

— Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.
— Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.
— Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
— Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.
— Show good taste. Avoid pandering to lurid curiosity.
— Be cautious about identifying juvenile suspects or victims of sex crimes.
— Be judicious about naming criminal suspects before the formal filing of charges.
— Balance a criminal suspect’s fair trial rights with the public’s right to be informed.

ACT INDEPENDENTLY
Journalists should be free of obligation to any interest other than the public's right to know.

Journalists should:

—Avoid conflicts of interest, real or perceived.
— Remain free of associations and activities that may compromise integrity or damage credibility.
— Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity.
— Disclose unavoidable conflicts.
— Be vigilant and courageous about holding those with power accountable.
— Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage.
— Be wary of sources offering information for favors or money; avoid bidding for news.

BE ACCOUNTABLE
Journalists are accountable to their readers, listeners, viewers and each other.

Journalists should:

— Clarify and explain news coverage and invite dialogue with the public over journalistic conduct.
— Encourage the public to voice grievances against the news media.
— Admit mistakes and correct them promptly.
— Expose unethical practices of journalists and the news media.
— Abide by the same high standards to which they hold others.

The SPJ Code of Ethics is voluntarily embraced by thousands of
writers, editors and other news professionals. The present version of
the code was adopted by the 1996 SPJ National Convention, after months
of study and debate among the Society's members.

FYI a Condo Blue Book 2008 is a governing tool here in California. It's more or less a handbook to assist us with running a meeting, DSA, ect.

It's published yearly with the newest laws available.

So, it's a "guide."

Therefore, the Code of Ethics within it is just a "guide" as well?

Or do you have other governing documents that say that if any one or all of the Code of Ethics in the "guide" are not followed, the board can release the offending member from the board?

In other words, it's a "resource" and not a "binding contract/agreement"?

The thing is, Robert, and I guess the point I'm trying to make, is that most Codes of Ethics for volunteer organizations are voluntary, unless it specifically states in the bylaws (or some other over-arching governing document) that failure to comply after signing will result in dismissal.

So unless your bylaws REQUIRE a "swearing in" ceremony, at which one might be expected to sign a binding Code of Ethics, and those same bylaws REQUIRE that failure to comply results in dismissal, then I would venture to guess that the Code wouldn't be worth much more than the paper on which it's written.

However, having said that, I think a Code of Ethics would be a wonderful thing to include in the materials provided to the new board member on installation.

Your board might even go through the motions of having the newbie sign a document that says he/she has read and understands it. However, it, too, really wouldn't amount to much in the end if the person failed to operate in line with it.

Here's one from the Canadian Condominium Institute:

DIRECTORS’ CODE OF ETHICS
RE: CONDOMINIUM CORPORATION ________________________

I have consented to act as a Director of the Corporation and I agree to comply with the following Directors’ Code of Ethics throughout my terms as a Director:

Honesty and Good Faith – I will act honestly and in good faith. I will do nothing to violate the trust of the unit owners I serve.

Care, Diligence and Skill – I will exercise the degree of care, diligence and skill of a reasonably prudent person in comparable circumstances. I will make a concerted effort to attend all Board and owners’ meetings. I will act responsibly and with due diligence to become familiar with the affairs of the Corporation and to uphold its Declaration, Description Plans, By-Laws, Rules, Resolutions, Policies, Agreements and Requirements of the Condominium Act and other legislation.

Conflict of Interest – I am not currently aware of any actual or potential conflict of interest with respect to any contract, transaction, building deficiency claim, warranty claim, legal action, proceedings or any matter detrimental to the Corporation. If I become aware of any conflict, I will immediately disclose it to the Board. I will not promote my own interests or those of any owner, resident, family member, friend or contractor to the detriment of the Corporation. I will not seek any special benefits or privileges as a Director or Officer or accept any compensation either personally or on behalf
of any other person except as permitted by a By-Law. I will act only in the best interests of the Condominium Corporation as a whole and I will not favor the interests of any individual or group of owners or residents.

Confidentiality – I will not disclose to any person (including my spouse) information decided by the Board to be confidential or privileged or which reasonably ought to be deemed confidential. When in doubt, I will request determination by a resolution of the Board.

Good Conduct – At all times, I will conduct myself in a professional and businesslike manner at meetings of Directors or Owners. I will approach all Board issues with an open mind, preparing to make the best decisions on behalf of the Corporation. I will act ethically with integrity and in accordance with legal criteria. I will comply with rules of good conduct and will deal with others in a respectful manner. I will comply with principles of good governance and procedural rules of order.

Support – I will abide by decisions of the majority of the Directors even though I may disagree, but I reserve the right to express my own views to owners upon non-confidential issues.

Defamation – I will not make erroneous or defamatory statements about the Corporation or any owner, resident, director, officer, manager, staff or contractor of the Corporation.

Minimize Conflict – I will attempt to prevent or minimize conflict and disruption and will promote good relations amongst persons involved in our Condominium Community. I will promote a first class image for our Corporation, its units, owners and residents.

Education – recognizing that governance of a Condominium Corporation involves complex and changing requirements, I will continue to educate myself by reading relevant magazines (such as CCI’s News & Views, CM Magazine or Condominium Business Magazine). I will support attendance by one or more Board members at any condominium seminars presented by the Canadian Condominium Instituted (CCI), including CCI’s Basic Directors’ Course and CCI Advanced Directors’ Courses at the cost of the Corporation.

Agreement – I hereby agree to comply with the provisions set out in this Directors’ Code of Ethics.

Dated at this day of , 2002

WITNESS:

SIGNATURE

PRINT NAME OF DIRECTOR

ADDRESS
---------------------------------------

With some editing - not bad

Joe

Many thanks for sharing the document. There is good stuff there!

I appreciate your helpfulness.

First to George and Joe,
I thank you both for your concern and comments regarding the post by Joe.
I find a lot of good stuff theire and will get some of this to my Board. I am also afraid they might not find it as important as I. Regard: A feel good doucment. Don't see what that is a detriment to the promotion and good will of an association. We need more "Feel Good documents". To MaryA: I hear and understand exactly what you are referring to. It is frustrating to read an official document and find out it has no teeth. But maybe some don't need teeth. Not being critical as I understand what you are saying and agree, they may be no help in a dissagreement.

The "Oath" of office means nothing more than a signature on the Code of Ethics, unless the governing documents stipulate that failure to perform per the "oath" or code results in dismissal.

Otherwise, it's yet another "good thing," but not much in the way of an enforcement tool.

Thought I would try this post first...
I am a director who caught another director revealing confidential executive session information to an employee. Having a past experience with harmful information revealed to employees creating a hostile workplace and subsequent "settlement" I thought immediate action was necessary and called the emergency meeting.

Other directors disagreed and suddenly I am in the crosshairs for calling out the director who revealed information and am told the emergency meeting is not required (or possibly legal), wait for the regular meeting.

I and the director caught signed Code of Ethics agreements.

Any thoughts please - living in CA.

Bullet ridden Director

Meeting minutes will state we evaluated the Management Company and the Board agreed to renew the contract.

MA3. I, too, think you should start a new thread and give it a new subject line. I'm pretty sure you'll get more feedback that way. Your thread isn't really about a Code of Ethics, but about how to handle a director who revealed confidential information. But I can't even tell from your quote, "Meeting minutes will state we evaluated the Management Company and the Board agreed to renew the contract" what confidential information was shared.

And are you also saying that this director revealed confidential information from an executive session?? It would be best, by the way, to discuss the director's comportment at an executive session, not a regular meeting. I'm puzzled why you called an emergency session, which should be open to all homeowners anyway?

Sorry I can't do anything more with such sketchy information. You might, MA3 look at some of the categories in davis-stirling.com such as "Executive Session" and "Rogue Directors" to learn something about laws in Calif.