HOA President’s Board Election Endorsements

Power Abuse or Fair Play?

HOA President’s Board Election Endorsements

September 15, 2024

Even AI can spell out in great detail why it’s unethical for an HOA board president to send a letter to owners each year during elections with a list of candidates they endorses.

Brought to you by Drew McManus, your neighbor in 7908.

Because this topic ended up being a long read, I created a video to make it easier for everyone. It also shows my real-time interaction asking ChatGPT and Google Gemini about the ethics of Scott Timmerman’s decision to send owners a letter of his preferred candidates.

By the end of the month, you will likely receive a letter from Scott Timmerman, board president for the 175 East Delaware Homeowner’s Association. In this letter, you can expect to find an exact copy of the ballot for the upcoming HOA board election. Scott will highlight the candidates he endorses by marking them on the included sample ballot and recommending that owners vote for them.

If you haven’t lived in very many condo buildings the size of 175 E Delaware, this might seem like a harmless or even helpful gesture. After all, many homeowners may be unfamiliar with the candidates or their positions, so it’s understandable why you may see Scott’s recommendations as an effort to provide guidance. It’s certainly reasonable to think it might be standard practice for someone in a board leadership role to endorse candidates they believe will best serve the community.

Having said all of that, the reality is this is an entirely unethical practice.

By using his position as president to promote certain candidates, Scott is abusing his position of influence and unfairly swaying the election in favor of those he prefers. This undermines the fairness of the voting process and pressures homeowners into following his lead, rather than making their own independent decisions. It’s important to remember that homeowners have the right to make informed, unbiased choices without undue influence from board officers.

As a way to justify his actions, Scott says he’s not sending out the letter as board president, no, he’s sending it out as a private owner.

If you’re wondering whether this makes the practice ethical, the short answer is no.

Claiming to send the letter as a private owner may shield someone in this position from legal challenges, but it still crosses ethical boundaries. The authority and influence remain, creating an unfair advantage and undermining the process.

To maintain ethical standards, board presidents should refrain from endorsing candidates or providing pre-checked ballots during elections. Instead, they should focus on providing neutral information to owners so they can make informed decisions.

You’re probably wondering why I’m talking about this from a position of authority and that’s because I’ve spent a large part of career working in nonprofit governance, training boards on what constitutes transparent, ethical practices and helping them implement those standards.

But it’s always a good idea to question anyone speaking from a position of authority, especially about the ethics of Scott’s recommended candidates’ letter…so let’s ask AI.

Ai, or Artificial Intelligence, are sophisticated computer programs trained on massive amounts of resource data, far more than any one person could ever hope to research.

They have access to information from a variety of sources, including news articles, books, academic papers, and websites.
They identify patterns and relationships in the data, which allows them to provide accurate and informative responses and help you better understand topics.
They are constantly being updated with new information, which means they provide the most up-to-date and relevant information available.

So let’s ask two different AI models about this topic.

ChatGPT

We’ll start with one of the most well-known AI platforms: ChatGPT.

Drew

The board president of my homeowner’s association sends a letter to owners each year during board elections with a list of candidates he endorses and recommends owners vote for. Is it ethical for a homeowners association board president to endorse candidates? If not, why?

ChatGPT

Whether it is ethical for a homeowners association (HOA) board president to endorse candidates depends on several factors, particularly related to fairness, transparency, and the specific bylaws of the association.

Perceived Bias: When the board president publicly endorses candidates, it may create an impression of bias. Other owners may feel that the election is not being conducted fairly or that the endorsed candidates will have preferential treatment on the board. This could undermine confidence in the election process.
Influence and Power: Given the position of authority, the board president’s endorsement may unduly influence the election. Owners might vote for endorsed candidates simply because of the president’s authority rather than on the merits of the candidates themselves.
Bylaws and Governing Documents: Some HOA governing documents might explicitly restrict board members from using their official capacity to influence elections. Even if it isn’t illegal, the bylaws could have provisions that seek to maintain impartiality.
Conflict of Interest: If the president is endorsing candidates for personal or political reasons (such as friends or allies), it could present a conflict of interest, especially if those endorsements are intended to maintain control over the board.
Fair Access: An ethical concern also arises if the president uses HOA resources (like an official mailing list or letterhead) for these endorsements, which might not be equally available to other candidates or members.

Many would argue that board members should remain neutral to ensure the election remains free from undue influence. You might want to check your HOA’s specific rules to see if there are any restrictions or guidelines about this practice.

Google Gemini

Let’s ask the same questions to another powerful AI platform: Google Gemini.

Drew

Google Gemini

No, it is not ethical for a homeowners association board president to endorse candidates during elections.

Here’s why:

Bias and Conflict of Interest: Endorsing candidates can introduce bias into the election process. The president’s personal preferences may influence their recommendations, potentially leading to unfair advantages or disadvantages for certain candidates. This can compromise the integrity of the election.
Abuse of Power: The president’s position gives them a degree of authority within the association. Using this authority to influence elections can create a power imbalance and undermine the democratic principles of the association.
Lack of Transparency: Endorsing candidates may not be fully transparent. The president’s reasons for supporting certain individuals may not be disclosed, leaving homeowners to question the motives behind the recommendations.
Potential for Manipulation: The president’s endorsement could potentially manipulate voters into choosing candidates who may not be the best fit for the association. This could lead to negative consequences for the community.

A fair and unbiased election process is essential for a healthy homeowners association. By avoiding endorsements, the president can help ensure that all candidates have an equal opportunity to present their platforms and that homeowners can make informed decisions.

LET’S DO SOME BIAS CHECKING

Is There A Private Owner Loophole?

Let’s bias check the claim that sending the letter as a private owner satisfies ethical standards. We’ll start off with Google Gemini this time:

Drew

The board president claims it isn’t unethical because he’s sending it out as a private owner and not as the president. It’s worth noting that his letter includes an exact copy of the ballot with his endorsed candidates checked off. Does this explanation make the practice ethical?

Google Gemini

No, the explanation does not make the practice ethical.

Here’s why:

Perception of Influence: Homeowners may perceive that the president’s endorsement carries more weight due to his position. This could sway voters to choose the president’s preferred candidates, even if they have no other information about them.
Misinformation: The letter includes an exact copy of the ballot with the president’s endorsed candidates checked off. This could be misleading, as it may give the impression that these are the only valid options or that the president’s choices are somehow pre-approved.
Undermining Trust: Even if the president’s intentions are pure, his actions can erode trust in the election process. Homeowners may question the fairness and transparency of the election if the president is using his position to influence the outcome.

To maintain a fair and unbiased election, the board president should avoid any actions that could be perceived as endorsing candidates or influencing the outcome. This includes sending out letters that could be interpreted as endorsements, even if they are technically sent as a private individual.

Let’s ask ChatGPT the same question:

Drew

ChatGPT

The board president’s claim that he’s sending the letter as a private owner rather than as the HOA president raises important ethical considerations. However, his explanation doesn’t necessarily make the practice ethical, especially given the context you provided. Here’s why:

Perception of Authority: Even if the letter is sent in his capacity as a private owner, the fact that he is the board president makes it difficult for others to separate his private opinions from his role as a leader. Owners might still feel pressured to follow his endorsements, as they may believe the board president’s influence could impact their interests or future decisions.
Use of the Ballot: Including an exact copy of the ballot with his preferred candidates marked off is problematic. It could be seen as an attempt to direct or manipulate the voting process. While he may argue it’s a personal recommendation, mimicking the official ballot can blur the lines between his role as president and private owner, adding undue pressure.
Impartiality and Fairness: One of the key ethical principles in elections is ensuring a level playing field. As the president, he has access to more resources and influence than the average owner. Even if he claims to act privately, his authority can make other owners feel disadvantaged, especially if they don’t have the same platform to promote their views.
Intent and Conflict of Interest: The purpose of sending out the letter could be to maintain control of the board by endorsing candidates who align with his views. This presents a potential conflict of interest, as the president may be more concerned with preserving his influence than ensuring a fair election.
Transparency: While it may be legal, the ethical issue is transparency and whether the president is taking advantage of his position to influence the election. If the endorsement were coming from an owner without authority, it would have less impact. However, the board president’s influence could skew the election in ways that others may find unfair.

In conclusion, while the president might claim a private capacity, his role as a leader makes this endorsement questionable. The practice could be seen as compromising the fairness of the election and undermining trust in the process. For truly ethical behavior, it would be better if the board president remained neutral during the election.

Conclusions

In the end, the practice of an HOA board president endorsing candidates and sending out pre-checked ballots to visualize how to vote to owners is a clear violation of ethical standards.

Don’t reward any board officer’s unethical tactics by blindly voting for their recommendations. Do your own due diligence by attending candidate forums, reviewing their qualifications, and asking them questions about their priorities for the association.

Look, in the end, ask yourself if you trust the judgment of someone willing to cross this ethical line. Do you really want anyone with that judgment in a position which significantly affects your property value and quality of life?

The Good News Is You HAve The Power

Here’s What You Can Do

An HOA ethics policy is not a luxury; it’s a necessity. By demanding transparency, accountability, and fairness, homeowners can create a more equitable and harmonious community.

Until Scott Timmerman is replaced as board president with someone who will prioritize creating enforceable ethics rules, you can make voice heard by sending him a letter with your thoughts on the topic using the following template:

Be respectful, concise, and clear in articulating the negative impact it has had on you and your fellow homeowners. You are welcome to use the example language as-is, but feel free to personalize the example message before you send.

Subject(Required)

Your Message(Required)

Dear Mr. Timmerman,

I am writing to propose the immediate adoption of a comprehensive HOA ethics policy. As a dedicated homeowner, I believe that clear ethical guidelines are crucial for maintaining trust, transparency, and fairness within our community.

While the recent House Rules update was a positive step, I believe it is essential to address ethical standards specifically through a dedicated policy. Such a policy would provide a framework for board members to conduct their duties responsibly and ethically.

I propose that the ethics policy include the following key provisions:

1) Conflict of Interest: Clearly outline procedures for disclosing potential conflicts of interest and the process for recusal from decision-making when such conflicts arise.

2) Fairness and Impartiality: Emphasize the importance of treating all homeowners equally and avoiding bias in decision-making. This includes prohibitions against favoritism or retaliation against homeowners who voice concerns or dissent.

3) Confidentiality: Protect sensitive homeowner information and ensure that it is handled appropriately and in accordance with applicable laws.

4) Transparency: Require open and transparent decision-making processes, including public notice of meetings, agendas, and minutes.

5) Accountability: Establish clear mechanisms for reporting and investigating ethical violations, such as a dedicated ethics committee or an independent ombudsman.

6) Education: Mandate ongoing ethics training for board members and committee members to ensure they are aware of their ethical obligations and equipped to handle ethical challenges.

7) Prohibition on Board Endorsements: Prevent board members and officers from endorsing candidates during board elections, whether in their official capacity or as private owners. This ensures elections are free from undue influence and guarantees a level playing field for all candidates, avoiding the misuse of authority to sway election outcomes.

By adopting an ethics policy that incorporates these provisions, we can strengthen the integrity of our HOA and foster a more positive and harmonious community for all.

If you haven’t already sent your letter to owners endorsing your board election picks, I encourage you to reconsider. By doing so, you can set a positive example and promote ethical voting practices. This approach encourages owners to learn more about candidates, cast their votes, and even encourage their neighbors to participate.

Thank you for your prompt attention to this important matter.

Research shows that customized messages have the greatest impact, so be sure to personalize the example message before you send.

Sincerely,(Required)

First Last

Unit Number(Required)

Your Email(Required)

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Curious to learn more about some of these issues? Feel free to get in touch, I’m happy to chat.

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