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Governance Resources

Sample Code of Conduct for Board Members

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Code of Ethics   Each Director and the Board as a whole shall adhere to the following Code of Ethics: I.  No Director shall use his/her position for private gain, including for the purpose of enhancement of his/her financial status through the use of certain contractors or suppliers.

If You Don’t Pay To Play . . . Beware

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The Universal Music Group (UMG) was recently awarded a $53 million dollar judgment in its copyright infringement lawsuit against MP3.com, Inc. for the unlicensed use of published music.  In March of 2008, the American Society of Composers, Authors and Publishers (ASCAP) filed 29 separate infringement lawsuits against restaurants and nightclubs in 22 different states seekingGo to Resource

Developer Liability Avoidance

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General Advice to Developer-Appointed Association Directors Why increasing litigation? Some sloppy construction in 1980’s Developer frequently does not understand how Association works Profit center for plaintiff’s counsel Board fearful of breaching fiduciary duties Sometimes Board in control of aggressive few Generally litigious society Be aware of duties Duty of loyalty during transition Directors and fiduciaries. Go to Resource

Common Mistakes Boards Make at Annual Meetings

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Inadequate notice. The Board should review the association’s bylaws to determine whether it requires annual meetings beheld on a specific date and/ or time. Many older bylaws do specify this information and the Board should not deviate from that requirement without first amending the Bylaws. The Board should review the requirements for member meetings toGo to Resource

Inspection of Association Records

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A member of your association comes to you requesting to see the minutes from the last twelve board meetings.  Another member asks for copies of all contracts the association has entered into, plus all checks written to those contractors.  Yet another asks for a copy of an opinion letter from the association’s attorney.  How shouldGo to Resource

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