Ask a Lawyer
Ask a Question

Posted Feb 1st, 2012
Is it a conflict of interest for a member of an architectural review committee in an H.O.A. to also
be V.P. of the Association's Board of Directors?

Additional Details:
If the ARC members reject a homeowner''s proposal, that homeowner has the right to appeal the
decision to the Board of Directors. But, if a member of the ARC is on the Board, how is that fair?
We are in South FL.
Legal Topic Area: Real Estate in FL

No not a conflict of interest unless ARC member has an interest in the outcome (maybe if they were a neighbor, or a competing contractor, etc.). The board should address whether the ARC member can also vote on the appeal, but I doubt they have done that. I think it is normal for at least one ARC member to be on the Board also.

This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.


Answered on Feb 2nd, 2012 at 1:19pm