Unethical Self-serving HOA Board Member?

[PBQ]

What is the name of your state (only U.S. law)? Washington

In May 2009 a neighbor purchased a second house in the neighborhood that is zoned R-6. He attempted to install artificial grass without a proper application and had a stop work order issued by the Association (he was VERY unhappy) as artificial grass was forbidden at the time. The association wrote a policy with guidelines and the work was finished.

Fall 2009, the association received a complaint that he second house was used SOLELY as a business. His wife was runing a preschool in the house. I was introduced to one of the teachers and asked her. SHe said the house was for the school. No one lived there.

The Association asked the homeowner for proof of residence so the owner provided his wife's driver's license with the DATE ISSUED ON whited out plus a signed statement saying his wife lives in the house.

I find that hard to believe that the wife lives in the $350,000 2200sq/ft preschool/house and the husband lives in the $700,000 3500sq/ft house. Plus over the last 6 months I have noticed as I drive by a various times of the night that there are NEVER ANY lights on -6:30pm 7pm, 9:30 midnight weekends...; always dark and there are no curtains on any of the windows upstairs.

THe majority of the Board felt that the signed statement was enough evidence that someone lives in the house. The whited out date issued on driver's license was not an issue to them. From the association's point, the issue is closed. A private citizen will have to pursue the residency issue with the county's zoning board.

I however feel this board member is trying to deceive the association and is lying. WHy did he white out the Date Issued on on the license unless he is trying to hide the fact that the license was just issued in order to cover up that no one lives in the house?

He has already proved that he feels that he is above our CC&R and Rules and Reg with the artificial turf issue.

Do I as a board member address my concern about this person's ethics or let it slide?What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington

In May 2009 a neighbor purchased a second house in the neighborhood that is zoned R-6. He attempted to install artificial grass without a proper application and had a stop work order issued by the Association (he was VERY unhappy) as artificial grass was forbidden at the time. The association wrote a policy with guidelines and the work was finished.

Fall 2009, the association received a complaint that he second house was used SOLELY as a business. His wife was runing a preschool in the house. I was introduced to one of the teachers and asked her. SHe said the house was for the school. No one lived there.

The Association asked the homeowner for proof of residence so the owner provided his wife's driver's license with the DATE ISSUED ON whited out plus a signed statement saying his wife lives in the house.

I find that hard to believe that the wife lives in the $350,000 2200sq/ft preschool/house and the husband lives in the $700,000 3500sq/ft house. Plus over the last 6 months I have noticed as I drive by a various times of the night that there are NEVER ANY lights on -6:30pm 7pm, 9:30 midnight weekends...; always dark and there are no curtains on any of the windows upstairs.

THe majority of the Board felt that the signed statement was enough evidence that someone lives in the house. The whited out date issued on driver's license was not an issue to them. From the association's point, the issue is closed. A private citizen will have to pursue the residency issue with the county's zoning board.

I however feel this board member is trying to deceive the association and is lying. WHy did he white out the Date Issued on on the license unless he is trying to hide the fact that the license was just issued in order to cover up that no one lives in the house?

He has already proved that he feels that he is above our CC&R and Rules and Reg with the artificial turf issue.

Do I as a board member address my concern about this person's ethics or let it slide?What is the name of your state (only U.S. law)?

**A: I would address the issue with the Board.

 

[PBQ]

He's a board member and I am a board member. Would I request an exective session?

I'm trying to figure out if I want the others members to just be aware of my concerns and his lying or attempt to dis-board him. Not all board members are aware of him whiting out the driver's license.

Thoughts?

 

[csi7]

Is there anything in the HOA bylaws about how the complaint process is to be resolved when it involves a board member? I would make certain that the board members who were not present at all the meetings involving this situation were made aware of the whited out information on the license.

 

[CLJM]

PBQ,

Yes, absolutely this issue should be addressed in an executive Board session, as opposed to an open at-large meeting.

When the issue came before the Board, did you not speak up with questions regarding your concerns. Was it the homeowner that came before the Board, or the other Board Member that spoke on his behalf ?

Also, what do your HOA documents say regarding operation of businesses in your residential zoned community ? Does the business have the required licenses ?

As a former Board Member of an HOA, this issue was clearly addressed in our governing documents and SOP's, and enforced by the Association.

 

[HomeGuru]

He's a board member and I am a board member. Would I request an exective session?

I'm trying to figure out if I want the others members to just be aware of my concerns and his lying or attempt to dis-board him. Not all board members are aware of him whiting out the driver's license.

Thoughts?

**A: yes, and you need to do what is in the best interest of the Board and the HOA.

 

[PBQ]

Our CC&R's allow HOME-based businesses as long as they are invisible....meaning no impact on traffic, no noise, no smell, no signs....Our CC&R's also state that the house are residential in nature.

We are zoned R-6. I take that to mean the houses are meant to be lived in and not used solely for business.

The Board received a complaint from a homeowner of excessive traffic and was alerted to the possibility that no one lived in the house. The Association did not find excessive traffic. We asked for proof that someone lives there. After several months (FIVE!) of the Board and HOA office trying to figure out how to handle this, the homeowner/board member dropped off the copy of the license with the Issued On date whited out plus a signed statement. That "evidence" was presented to us (the Board) at the Board meeting in executive session. The homeowner/Board member was asked to leave and he did. During the discussion I mentioned it was strange that there was no Issued On Date. I was not sure if there really was one and didn't push the subject. (How I wished i did!) It was only when I got home and checked my license did I realize he whited it out.

As far as checking on the proper business license, the Board has agreed that this is the government's responsibility. The Board does not feel it is our liability to enforce government regulations.

I keep wondering if I should just drop it. The Board decided 4to 1 abstention(me) that he proved his case. Will going back now and asking him to explain the whited out license be harassing him? Because of his actions I question his character and feel he should explain so I don't jump to negative conclusions about him.


Thank you!

 

[PBQ]

Also, what do your HOA documents say regarding operation of businesses in your residential zoned community ? Does the business have the required licenses ?

As a former Board Member of an HOA, this issue was clearly addressed in our governing documents and SOP's, and enforced by the Association.

I would be interested in reading the way your HOA wrote this rule. Could you share?

 

[CLJM]

PBQ,

I have since moved, and no longer have the community documents of the HOA where I lived and was a Board member. Also too, the State was Virginia, and may not encompass your state laws of Washington. I am sure if you do a bit of checking around, you will find information on HOA covenants regarding business/residence guidelines. You might start with WSCAI.

Also, since I saw your last post, it is my opinion that Board did deal with the issue, just maybe not to your satisfaction. Your Board went into executive seesion and dealt with the matter by:
1.) Presentation
2.) Board Discussion
3.) Board vote that the homeowner/Board member proved his case.

Once that has happened, he essentially received his Board approval, and as such, there is nothing more to do. If you surmize there to be miscommunication, misunderstanding, or not enough evidence, you should/could have requested the issue be tabled until the next meeting to allow time to bring everyone up-to-date.

There is no need to ask for a further explanation for the "whited out" date because the Board approved him with the date whited out. The time for you to ask for him to explain, is before the vote.

As Board members, you are given advance notice of the agenda items, aren't you? In which case, that is the time to do your research and formulate your strategy----BEFORE---- the meeting, in preparation for the meeting.
By the time the vote is taken, it's all over.

My opinion is---you should move on. Be cognizant of his history (this is twice now) file it away for future reference, but move on.

Good luck to you