Code of Conduct for Kuau Bayview HOA
This is a living, changeable document created by the members of our Association and adopted at the Annual Meeting of the membership on Nov 21, 2013. It will be added to and improved upon as needed over time. All Association members are encouraged to assist in this process. If you see something that has been overlooked, or could be worded better, your input is welcome!
The Board of Directors of a Homeowners' Association has a remarkable amount of power. HOAs are in effect micro, self-governing societies and as such need rules to hold its members accountable; otherwise, a democracy can easily turn into an oligarchy. Due to certain past improprieties by former Directors, the membership of Kuau Bayview has developed this Code of Conduct as a guide for the Board of Directors, Committee members, and Homeowners in order to protect our community now and in the future by serving as a deterrent to individuals who may seek a Board position for motives other than the best interests of the community as a whole. There are countless online references such as the HOA Primer website which will convince you as to why such protections are necessary, not just for Kuau Bayview but for all Common Interest Developments.
- For any motion wherein there exists a conflict of interest for a Director, or even the appearance of a conflict of interest, that Director will recuse himself or herself from voting. A conflict of interest exists when what is in the best interests of one party is not in the best interests of the other party, or when outside financial or other interests may inappropriately influence the way in which a Director carries out his or her Board duties.
- No Director or Committee member shall use his/her position to award contracts to relatives, friends, or business associates for self-serving reasons, or to deny contracts based on personal dislikes. This does not exclude friends, relatives, or business associates from being considered in the selection of a contractor, but the Director will refrain from voting. The priority consideration should always be to hire the party who will do the best job for a fair price.
- mails, or has mailed, or otherwise distributes misinformation or hate mail to the neighborhood, regardless of whether they believed it to be true or not, and especially if the motive was to harass or defame anyone, will permanently forfeit their right to the membership list and may be sued for libel & defamation. Always check your sources and refrain from spreading hearsay and gossip. Kuau Bayview does not want to hear it. Owners wish to be left to live their lives in peace.
- gives the membership list to any third party for any purpose will permanently forfeit their right to the membership list.
- deliberately reports misinformation regarding Association matters, or who deliberately misleads the membership by withholding information, or who exercises Board powers in a deceptive way.
- uses, or has used, their position to persecute or deny equal rights to any member of the Association.
- uses, or has used, the Association lawyer to threaten to foreclose on any owner without verified cause.
- uses, or has used, their position to commit a crime against the Association may face criminal prosecution and/or be required to make restitution to the Association.
- signs Association checks after their term has expired will be held personally responsible, may face criminal prosecution, and will be required to reimburse the Association for the full amount of said checks.
- acts in bad faith while failing to fulfill their fiduciary duty to the Association.
- falsifies proxies or uses fraud to influence the outcome of an election, or deliberately causes the election to be held in an illegal way.
- causes the Association records or property entrusted to them to be lost, expropriated, falsified, or destroyed either intentionally or through their own incompetence or negligence.
- refuses to return the applications, plans, approval letters, and other documentation they received in their role as Committee member. These documents are the property of the Association and belong with the Association records.
Any Director, Committee member, or homeowner who...
...will be removed from office and lose their right to be a Board or Committee member in future.