Real Estate Law - Conflict of Interest?

Mr. Smart is spot on. You've described a pot full of ugly problems that are hitting you and others in the pocketbook. Don't delay in consulting with an experienced HOA attorney.

Attorneys Smart and Moss have provided you with good answers. In most states, the fiduciary duty of loyalty requires that if a vote is before an entity's board that will financially benefit one or a couple directors at the possible expense of the entity, the financially interested members must fully disclose the potential conflicts of interest to the entire board, so that the board can make a proper, informed vote on the matter. The board must be given ample time to fully investigate and assess the nature of the conflict. As my colleagues have recommended, you need a seasoned California business or HOA attorney to guide you through this problem. Thanks for being thoughtful enough to post this question, and to consider your entity's best interests above more parochial concerns.