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Barrister
Barrister, Attorney
Category: Legal
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Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Our HOA secretary will resign at the end of October. Her term

Resolved Question:

Our HOA secretary will resign at the end of October. Her term would have been up March 2013. The spouse of a current board member has volunteered to type the minutes (but she will not be taking the position of the secretary). The president would like to offer a position of a trustee to a homeowner....I guess to ensure their are five trustees.

My question is: will it be a conflict of interest if the spouse types the minutes?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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My question is: will it be a conflict of interest if the spouse types the minutes?
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I would opine no as long as she is qualified to perform the job and accurately transcribe the minutes. This won't even be an issue if no one objects so if the Association members and Board don't have any problem with it, then I don't see anything improper.
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Thanks
Barrister
Customer: replied 1 year ago.

Our board is okay with it (because it was their idea) but they will not get homeowner input. Our bylaws basically say that the president can appoint a member to fill the position of the officer resigning until the end of the term (March 2014). I just wondered if it was a conflict.


 

Expert:  Barrister replied 1 year ago.
If the Bylaws state that the President has the authority to appoint someone on an interim basis to fill a vacancy, then unless someone objected it wouldn't have to go before the homeowners for a vote to approve it. But no, I don't see it as a conflict because there is presumably no financial gain to be realized by anyone and no realistic reason to believe that the minutes would be somehow improperly transcribed so as to benefit anyone...
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.
Thanks
Barrister
Customer: replied 1 year ago.

Okay. Thank you for your response.

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24599
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Barrister
Barrister
Attorney/Landlord/Realtor
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14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs