The Quail Creek Property Owners Association (POA) will be conducting an election starting later this month, which will allow each property owner the opportunity to elect (1) candidate to the POA Board of Directors. There will be an opportunity to meet the three candidates at the Oct. 16 or Oct. 17 “Meet the Candidates” forum.
* Oct. 16, 2 p.m., Meet the Candidates, Madera Clubhouse Crystal Ballroom, in-person
* Oct. 17, 7 p.m., Meet the Candidates, Madera Clubhouse, Crystal Ballroom, in-person
The Board of Directors bears the responsibility to operate, repair, replace, and maintain the common areas. Board members’ fiduciary duties involve three basic components: the duty of care, the duty of loyalty, and the duty to act within the scope of its authority.
To meet the duty of care, a POA Board member must make informed decisions, which might require a bit of research before they vote on a matter. For example, before fining a homeowner for a rule violation, they must familiarize themselves with the associations covenants, conditions, and restrictions (CCR) and the details of the situation. The board members must also act in a prudent and reasonable manner, basically using sound business judgment.
The duty of loyalty requires the POA Board members to act fairly, in good faith, in the interest of, and for the benefit of, the POA as a whole rather than make decisions based on any personal interest or gain. For example, a board member who owns a pool company should not steer contracts for pool services to family members.
The duty to act within the scope of its authority requires the POA 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 can come from Arizona state law or the governing documents (such as the Articles of Incorporation, Bylaws, or CCRs). For example, if the laws or governing documents do not grant the POA Board the authority to adopt new rules and regulations, then any restrictions the Board imposes might be invalid.
Please watch your emails for further information on this year’s election.