How can I address a conflict of interest involving a board member?

In Virginia, homeowners associations are regulated by the Virginia Property Owners’ Association Act (VPOAA) and governed by a board of directors. If a board member has a conflict of interest, you will need to address it according to the provisions of the VPOAA. The first step is to carefully review the VPOAA to determine if the conflict of interest is prohibited. The VPOAA prohibits board members from participating in the decision-making process if they have a financial interest in the outcome of the matter being discussed. You should determine if the board member has a financial interest in the decision at hand and, if they do, it is important to remove the board member from the decision-making process. If the board member refuses to recuse themselves, you can take the matter to a board of directors meeting and allow the other board members to vote on whether the member should be removed from the process. If the board member has a conflict of interest but is not prohibited by the VPOAA, you should assess if the conflict undermines the board’s ability to make an unbiased decision. If it does, you can try to negotiate or mediate the conflict or, if necessary, seek legal advice to determine the best course of action. It is important to remember that these issues should be addressed in an open and transparent manner to ensure that all parties involved are made aware of the potential conflict of interest and that the decision-making process is fair.

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How can I address a conflict of interest involving a board member?

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