All,

Please note that presenting the information below is in no way inferring or explicitly stating an accusatory position, rather I provide it only as a friendly reminder, and as a concerned association member. My concern is that the acrimonious nature of the special meeting regarding the Manklin Creek project has generated a somewhat negative perception within the OPA membership and the general public. Perhaps taking a step back and reviewing the some of the basic tenets of HOA board duties, specifically the "Duty of Care", may serve to strengthen the relationships of the board members and establish an increased level of good public relations.

The Duty of Care

To meet the duty of care, an HOA Board member must make informed decisions, which might require a bit of research before you act or vote on an HOA matter. HOA Board members must also act in a prudent and reasonable manner, basically using sound business judgment, and avoiding arbitrary or capricious actions.

The Duty of Loyalty

The duty of loyalty requires that HOA Board members act fairly, in good faith, in the interest of, and for the benefit of, the HOA as a whole, rather than make decisions based on any personal interest or gain. HOA Board members should also avoid acting where there is a conflict of interest. Additionally, an HOA Board member must protect members’ confidentiality, and not divulge information provided in confidence.

The Duty to Act Within the Scope of Authority

This duty requires the HOA Board to perform the duties it’s obligated to carry out, but prohibits the Board from making decisions or acting on matters without the authority to do so. The authority of an HOA comes from its obligations under state laws, as well as the authority granted to it in the development’s governing documents.

Again, note that I only offer this information for your consideration as it is in everyone's best interest, including mine, that we, as members, support the board, and that the board operate in an effective and reasonable manner regarding the management of the OPA.

Doug Parks