Friday, July 31, 2020

A proposed “Code of Ethics” explained in relevant context with examples

A Code of Ethics is designed to represent key guiding principles for the Association’s officers, directors, and employees and should not be understood to replace or eliminate any additional obligations set forth in applicable Association by-laws or DCCR agreements. Perhaps a “Code of Ethics” pledge is best explained in relevant context with examples, as follows:

Canon 1. Directors shall hold paramount the safety, health and welfare of the public and shall strive to comply with the principles of sustainable development in the performance of their Association duties.

  • DO:  Remember that a disaster recovery plan for 648 homes means that all decision making roads (Swim, HOA & the ACC) CANNOT lead to one address if there is ever an emergency situation.
  • DO: Validate the concerns of your home owners and find a way to meet them in the middle because arguing that “we have never done that before” when it is now 2020 and before was 1999 is not acceptable.

Canon 2. Directors shall endeavor to build and maintain a healthy level of honesty, civility, and good faith among the Board members and employees.

  • DO: Recognize that lone dissent can mean that three Directors who are considered to be good successful leaders within larger firms have resigned due to one single person creating an all-volunteer environment of toxic dysfunctionality, negativity, and inaction where nothing ever changes.
  • DO NOT: Undermine and devalue the VOLUNTEER work of others by making derogatory comments because you do not agree.
  • DO NOT: Assume that every community suggestion should represent a win/lose opportunity to barter for power. This is about serving your community not your community serving you.

Canon 3. Directors shall issue public statements only in an objective and truthful manner.

  • DO: Accept full responsibility and accountability for planning and execution across all communication channels and learn from poor outcomes.
  • DO NOT: Suggest that the “Texas Business Organization Code” (which is a 700 page downloadable document) should be combined with our bylaws to provide ample “ethical guidance” since it only contains a small paragraph related to ethical professional naming conventions and there is no other ethical guidance provided.
  • DO NOT: Stage a very public rejection when a disinterested, independent group of residents takes the time to build a point of view that all of the other board members think seems fair just because it will close your favorite loopholes.
  • DO NOT: Announce in an email that “this position is solely needed and I can’t wait for <name removed> to help make things better on this Board” in response to the creation of an ethics committee and then publicly protest the proposed Ethical Code of Conduct in a campaign letter to the entire community to request votes.

Canon 4. Directors shall act in Association matters for each home owner or resident as faithful agents or trustees, and shall avoid conflicts of interest.

  • DO: Lead modern meetings that respect the time of others and ensure that home owners will enjoy attending because they will be heard.
  • DO: Remember that fully disclosing a possible conflict of interest means that you have to be “transparent”
  • DO NOT: “Lie by omission” and actively lobby for other concerns on the HOA board without formally disclosing your conflict of interest for months.

Canon 5. Directors shall build their residential reputation on the merit of their service to the Association and shall not compete unfairly with others.

  • DO: Run a clean campaign that shows our children that we value diversity and inclusion because everyone in the community should be heard and not just your friends and those who will always agree with you.
  • DO NOT: Order specific BOD Candidate Profiles removed from the Annual Board of Directors candidate packet mailout without calling for a vote in order to favor your preferred candidates.
  • DO NOT: Condone sending out an edited video along with a demonstrably false narrative in order to conduct a targeted attack of the current president.

Canon 6. Directors shall act in such a manner as to uphold and enhance the honor, integrity, and dignity of the Association and shall act with zero tolerance for bribery, fraud, and corruption. 

  • DO: Learn to support the work of your fellow residents and committee members whenever you vote “No” by making sure to help if the board majority says “yes”
  • DO NOT: Allow your rather volatile friend to continually show up in emails, online, and in person every time a vote doesn’t go your way to reinforce your disapproval and threaten your fellow board members with “retaliation”.

Canon 7. Directors shall, in all matters related to their Associa- tion, treat all persons fairly and encourage equitable participation without regard to gender or gender identity, race, national origin, ethnicity, religion, age, sexual orientation, disability, political affiliation, or family, marital, or economic status.

  • DO: Admonish others when they openly refer to other home owners who happen to be minorities as the “vocal minority” during discussions
  • DO NOT: Ignore one home owner and then agree to meet with another home owner if they live next door to each other.

Canon 8. Directors shall help mediate Association home owner related conflicts and guide respectful and effective communication across all channels (US mail, email, SMS/MMS text, and online) between between home owners and residents whenever possible.

  • DO LISTEN: Almost any community suggestion that anyone would like to discuss should not be met with some form of “back to the basics” sarcasm, passive aggressiveness or condemnation.
  • DO NOT: Head the Architectural Control committee, sit on a zoning board as a professional civil engineer, and then deny that you have the ability to read a survey and help mediate simple property disputes between neighbors.

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