How can I address a conflict of interest involving a board member?
If you are dealing with a conflict of interest involving a board member in California, it is important to address the issue quickly and effectively. The first step is to consult the governing documents of your homeowners association (HOA). These documents will help you understand the rules and regulations of the HOA, as well as any procedures to be followed when resolving a conflict of interest. If there are no such procedures in the governing documents, you can file a complaint with the California Department of Real Estate (DRE). This complaint should detail the nature of the conflict of interest, as well as any steps that have been taken to remedy the situation. The DRE will then review the complaint and may take action by suspending or revoking the board member’s right to vote or serve as a director. You can also seek legal assistance from an attorney who specializes in homeowners association law. An attorney can provide advice and guidance in addressing the conflict of interest and can help you understand the process that must be followed to resolve the situation. Finally, you can take the issue to a vote of the other members of the HOA. You can present the facts and allow the other board members to adjudicate the conflict. It is important to note that each homeowner has the right to cast their vote independently, without fear of reprisal from the board member in question. No matter which course of action you choose to address the conflict of interest, it is important to act quickly and take steps to ensure that the board member’s action does not adversely affect the HOA or its members.
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