HOA board members have a duty to represent the interests of the association. If they put their own interests before those of the association, they may be in breach of the duty that they have taken on.
Conflicts of Interest
In general, HOA board members cannot receive compensation for their services. If they use their position for a personal financial benefit, they may be responsible for a conflict of interest. A board member who awards a service contract for the association to a company that he or she owns, for example, the award could reflect impropriety due to a conflict of interest.
Selective Enforcement of HOA Rules
Board members could ostensibly violate an HOA’s restrictive covenants without repercussions. If a director’s conduct violates regulations and causes some form of harm to the membership, then that director may have abused his or her position.
Appropriation of Amenities
A board member could unfairly take advantage of an association’s resources. For example, a board member could reserve a common area every weekend or assign the best parking or storage spaces to themselves. As a general operating guideline, board members must take care to avoid the mere appearance of impropriety. Allegations against an association or individual directors involving an HOA board member abuse of power could give rise to costly and contentious legal consequences.