PRESENTS
ETHICS
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TRY NOT TO BECOME MEN OF SUCCESS,
RATHER BECOME MEN OF VALUE
Albert Einstein
OWCAM - ETHICS
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SO WHAT DOES THIS MEAN TO YOU
TURN TO PAGE 2 OF YOUR MANUAL
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OWCAM was formed as a means to identify highly
ethical individuals in the community association
industry and it continues to recognize and certify only
those individuals who agree to abide by the
organizations ethical standards.
By seeking and attaining certification, the OWCAM
Member assumes an obligation of self-discipline
above and beyond the requirements of laws and
regulations.
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Compliance with the ethical rules depends
first on each Member’s understanding of the
rules and voluntary actions.
Second, compliance is reinforced by peers
and public opinion.
Ultimately, compliance may depend on
disciplinary proceedings against members
who fail to abide by the rules.
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President Bill Clinton
President Richard Nixon
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President George Washington
Nixon & Clinton both told lies
Unlike President George Washington who “could not tell a lie”.
Impeachment action was taken against Nixon & Clinton because they lied;
they lost the trust of the American people.
“The measure of a person’s real character is what he would do if he knew
he would never be found out.” Thomas MaCaulay
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Moral
Principles
Values
Define or
Direct Us To
The Right
Choice
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WHY HAS OWCAM ADOPTED A CODE OF ETHICS? WHAT IS
IN IT FOR YOU AS A PROFRESIONAL COMMUNITY
MANAGER? WHAT IS IN IT FOR THE HOMEOWNER
ASSOCIATIONS THAT YOU MANAGE?
 Reduce
government control
 Reduce litigation
 Enhance public perception
 Enhance professionalism
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The principles behind the ethical rules
express the profession's recognition of its
responsibilities to the public; to clients, and
to colleagues. They guide Members in the
performance of their professional
responsibilities and express the basic tenets
of ethical and professional conduct. The
principles call for an unswerving commitment
to honorable behavior, even at the sacrifice of
personal advantage.
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 If
the Member is at all unsure that an
action or failure to act may be
considered unethical, the Member
should try analyzing the event by
applying these questions prior to a
decision.
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1.Have you defined the
problem accurately?
2. How would you define
the problem if you stood
on the other side of the
fence?
3. How did this situation
occur in the first place?
4. To whom and to what
do you give your loyalty as
a person and as a member
of the corporation?
6. How does this
intention compare with
the probable results?
7. Whom could your
decision or action injure?
8. Can you discuss the
problem with the affected
parties before you make
your decision?
5. What is your intention
in making this decision?
9. Are you confident that
your position will be as
valid over a long period of
time as it seems now?
10. What is the symbolic
potential of your action if
understood, or if
misunderstood?
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You don’t make decisions that are easy
You don’t make decisions that are cheap
You don’t make decisions that are popular
You make decisions because:
THEY ARE THE RIGHT
DECISIONS
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The organization and committee structure of OWCAM,
is as follows:
 Board of Directors
 Manager Members
 Affiliate Member
 Non-Members
 Management Companies
 Ethics and Professional Standards Committee
 Certification Committee & Executive Administrator.
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 BOARD
OF DIRECTORS
 EXECUTIVE ADMINISTRATOR
 ETHICS & PROFESSIONAL STANDARDS
COMMITTEE
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C. ETHICS & PROFESSIONAL STANDARDS COMMITTEE
 The Professional Standards Committee (“PSC”) shall be composed of (3)
three voting Manager active members of OWCAM and two (2) attorney
affiliate members in good standing, appointed in accordance with the
Bylaws of OWCAM. The PSC shall be responsible for developing and
recommending to the Board of Directors a procedure to:
 1.
Enforce the Code of Professional Ethics and Standards of Practice.
 2.
Review and revise the Code of Professional Ethics and Standards of
Practice and make recommendations to OWCAM’s Board of Directors for
revisions to the Code of Professional Ethics and Standards of Practice as
the profession further evolves;
 3.
Recommend Disciplinary Procedures to be used in connection with
allegations of violations of the Code of Professional Ethics and Standards
of Practice;
 4.
Investigate allegations of wrongdoing against Members of OWCAM
preliminary to the filing of a formal charge in connection with the
Disciplinary Procedure;
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5. Maintain strict confidentiality while following the
Disciplinary Proceedings adopted by the Board of Directors
in connection with the holding of hearings to determine
the sufficiency of evidence presented to the Committee;
6. Notify the President of OWCAM, based upon its
hearing, what action, if any, shall be taken against a
Member against whom allegations of wrongdoing have
been brought;
7. Recommend the reinstatement of Members who have
been suspended or terminated based upon a further
showing that the Member has complied with all
requirements mandated at a Disciplinary Proceeding and
who has been suspended or terminated previously; and
8. Address such other duties and responsibilities as may
be designated by the Board of Directors.
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RECITALS
 1.00 GENERAL STANDARDS
 1-01 EDUCATION
 1-02 USE OF CAMP DESIGNATION
 1-03 MEMBER STAFF SUPPORT
 1-04 COMPLIANCE
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2.00 INTEGRITY & OBJECTIVITY
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ETHICS IS NOT SELECTIVE – IT APPLIES TO ALL
OWCAM MEMBERS, REGARDLESS OF HOW
SMART YOU ARE OR HOW SMART YOU THINK
YOU ARE – REGARDLESS OF WHETHER YOU
SERVE 3 CLIENTS OR 16 CLIENTS.
REGARDLESS OF WHETHER YOU GROW WEARY
OF FIGHTING THE BOARD TO DO THE RIGHT
THING; YOU CANNOT LET YOUR ETHICAL
STANDARDS SLIDE.
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FRUSTRATION IS “HAVING NO ONE TO BLAME BUT
YOURSELF”.
IF YOU PLAY THE BLAME GAME YOU WILL SELDOM
GET MANY GOLDEN OPORTUNITIES.
AND EVEN THE FEW OPPORTUNITIES YOU GET
WILL SLIP RIGHT THROUGH YOUR FINGERS.
WHEN THAT HAPPENS, YOU WILL HEAR WHY IT IS
NOT THEIR FAULT.
IF YOU DESIRE TO BE TRUSTED BY OTHERS AND
YOU WANT TO ACHIEVE MUCH, YOU MUST TAKE
RESPONSIBILITY FOR YOUR OWN ACTIONS.
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2.00 (turn to page 12 of your manual)
The member may not knowingly
misrepresent facts in order to benefit the
Member, or the Member’s company, or any
affiliate, including family relations of the
Member or the Member’s company. All
representation made to a community
association which has engaged the
Member must be made with the best
interest of the community association in
mind.
OWCAM – ETHICS
INTEGRITY AND OBJECTIVITY
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In Mr. Larson’s book, he cites “People who are
accountable by their own choice to a group of
friends,….study group…..are people who are serious
about changing their behavior.” Further, “Studies
done in factories have proven that both quality and
quantity of work increases when employees know
they are being observed……But if I must report to
another or a group of others, I begin to monitor my
behavior….”
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OWCAM ETHICS
WHEN IS IT OK TO LIE?
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Now, let's try it once again, Scott. Does
this dress make me look fat?
CLASS PARTICIPATION: WHAT MIGHT
BE AN APPROPRIATE RESPONSE?
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You have been looking for a job for several months. Finally you go on
an interview and are given a job offer on the spot. You accept, even
though the salary is not as high as you had hoped. Before you report
to work you get a call from another company that you interviewed
who offer you a much higher salary. Do you: (a) call the first
company and tell them you have accepted another position, (b)
decline the offer from the second company (c) just not show up for
work and accept the job offer from the second company. VOTE
You are running late for very important meeting; you want to make a
good impression. When you arrive at the meeting, do you: (a)
apologize for being late because there was an accident on the
freeway (b) act startled that everyone is waiting on you and say that
you are sorry, but your assistant must have put the time in Outlook
incorrectly (c) look at your watch, shake it and then apologize telling
everyone your battery is dead. Is there another alternative?
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Your boss asks you to tackle filling a new position. You were to
contact the HR department and arrange to have them place an ad to
fill this important position; the ad is time sensitive. You agree that
you will take care of the matter. On Monday, at a meeting the Boss
turns to HR and asks if they have had any response to the ad; HR
looks puzzled and the Boss gives you a penetrating look. You (a) say
you left a message on HR’s desk (b) immediately apologize and admit
you dropped the ball (c) tell the Boss that you were going to write a
job description, but your computer died. VOTE
You and a co-worker go out to lunch. The co-worker offers to pay the
bill and run it through corporate reimbursement for “potential client
entertainment.” Do you (a) decline and pay your own tab (b) think
that it will not hurt for the company to pay for a cheap lunch once in
a while (c) order the most expensive thing on the menu because the
company is paying. VOTE
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You know it is against company policy to consume alcoholic
beverages during the work day, even if it is your lunch period.
You and several co-workers have a long lunch where you
consume 2 or 3 drinks. You know you cannot go back to the
office. You (a) ask one of your co-workers to sign you back in
when they get to the office (b) call reception and tell them you
forgot that you were supposed to meet a landscaper at one of
your properties so you will not be in for the remainder of the
day (c) OR…..
The receptionist announces that homeowner XXX is on the
line; your response “tell her I am not in”. Is this really a lie?
YES/NO
You are asked a question. You respond to the question, but
you have other information that is vital. You are lying by
“omission”? TRUE/FALSE
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Whether it is to avoid socially awkward moments, side-step punishment, maintain
important relationships or to please others, we often bend the truth to suit our needs.
Lying has become a way of life in today's corporate culture and experts have said that we
tell lies more easily and naturally in the workplace than we do at home because the work
environment is a more impersonal place. At work, performance means everything and we
learn early in our careers that it's OK to spin results, justify an action or tell a little white lie
to make ourselves or others look better as a means of self-preservation. In fact, we rarely
call it lying. We prefer to think of it as being tactful or diplomatic.
The workplace both reviles and rewards dishonesty. It's become acceptable for people to
either embellish the truth or lie by omission -- remaining silent or withholding vital
information -- to get ahead.
After all, we believe that if the lie isn't hurting anyone or is being used to reasonably
explain walking in late for work, to reassure that a project is progressing on time or to help
build confidence in a poorly-motivated colleague, it can't be all that bad, can it?
TRUE/FALSE
Building relationships -- When trying to win over people, sometimes it is better to swallow
your pride and agree with them on matters of opinion to build camaraderie. Being
agreeable instead of confrontational or contrary makes you instantly more likable. OR
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Getting along with co-workers -- Taking part in a water-cooler discussion about the playoff series
or trying to jump into a lunchtime conversation about the latest castoff on a reality TV show
might mean fudging the truth about your interest. A lot of bonding is done on coffee break, so
you may need to pull out a lie to connect with your office peers. TRUE/FALSE
Keeping a balance between work and private lives -- Co-workers may casually toss out details
about their personal lives and expect you to do the same. It may be none of their business, but if
you don't want to appear aloof by refusing to share, consider making something up or just
glossing over the details to keep your life private. TRUE/FALSE
While lies can offer short-term benefits like putting us in a better light or sparing hurt feelings,
deception takes a lot of work. Not only does making up a believable story create anxiety, keeping
the story straight can cause sweaty-palmed distress if the liar gets tangled in the web they've
weaved.
There is also a fine line between fibbing to fit in and lying to cover up something illegal or
immoral, or to intentionally deceive someone to gain leverage. Big or small, lies often come with
consequences such as creating an environment of distrust, hindering relationships and
puncturing morale. Getting caught in a serious lie can result in personal repercussions from a
damaged reputation to losing fairly-earned promotions and praise.
While lying does exist in the workplace and can obviously be used to gain an advantage, honesty
has always been and still remains the best policy to gain and keep the trust of the people you
work with. WHEN WOULD THIS NOT BE TRUE?
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DISCUSS: WHAT IS
THE DIFFERENCE?
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3.01 INSPECTION (IT IS PART OF THE JOB)
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 3.02
RESERVE STUDIES &
MAINTENANCE PLANS (PAGE 13)
 3.03 LEGAL (PAGE 14)
 3.04 ACCURATE FINANCIAL
RECORDS (PAGE 15 & 16 BE CAREFUL TO NOTE THE
DIFFERECE BETWEEN OREGON AND WASHINGTON)
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3.05 EXPENDITURE OF FUNDS (PAGE 16)
 3.06 COMMINGLING & SECURITY OF FUNDS
 3.07 BUDGETARY & FINANCE (PAGE 17)
 3.08 RESERVE INVESTMENT (PAGE 18)
 3.09 INSURANCE (PAGE 19)
 3.10 COMMUNICATIONS (PAGE 20)
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OWCAM – ETHICS
Who owns the records anyway? (Page 20)
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OWCAM - ETHICS
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THINGS I THINK ARE FUNNY
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The book
"Understanding Women"
has finally arrived in book
stores – GET YOUR COPY NOW
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OWCAM - ETHICS
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OWCAM - ETHICS
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4.00 (Page 21)
The Member shall exhibit professional courtesy to all community association management professionals.
The member shall be fair in making representations and shall refrain from making defamatory comments
about others involved in the community association management profession.
The Member shall assist other Members in achieving the Standards of Practice as set forth herein.
The Member shall not make false, fraudulent, misleading or deceptive statements in the marketing of
community management services or the solicitation of business.
All Members are encouraged to promote fair and open competition and shall avoid unlawful restraints of
trade.
The Member shall refrain from causing tortuous interference with contractual relationships between
community association management professionals and their clients. The Member shall refrain from
unlawful intentional interference with prospective economic advantage.
If a Member is found liable in a court of law for unlawfully interfering with the relationship between
another community manager and its client(s), then that Member may be subject to additional OWCAM
disciplinary proceedings.
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Under Oregon and Washington Law, “contractual interference” generally
means that one party somehow prevented the other from performing the
contract or caused performance to be more expensive or burdensome. A
party who interferes with performance of a contract may be subject to
liability for damages. There may also be liability if one party interferes with
another party’s potential business opportunities, even if there is no signed
contract. Thus, no Member can set out to interfere with or take away
potential business opportunities from other Members, even in situations
where an actual contract has not yet been signed.
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As a general practice, OWCAM and its Professional Standards Committee
will only hear and rule on interference with contract cases after a court of
law has determined that interference with contract has occurred. The
Professional Standards Committee cannot determine whether an illegal
interference with contract has occurred, but will consider any court ruling on
that issue.
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4.01 MARKETING (page 22 & 23)
a. Ethical marketing may include, but is not limited to, general mailings and
advertising or promotional pieces or distributions, which contain no false,
fraudulent, misleading or deceptive statements or claims.
b. Management marketing programs are encouraged to include: (i) a description of
OWCAM, (ii) a copy of the OWCAM Code of Ethics and Standards of Practice; (iii) a
description of a CAMP, and (iv) a description of other professional designations.
c. Except as prohibited for interference with contract, if invited by the Board of
Directors, it is permissible to meet with that executive body and/or a Committee of
the Association to propose services.
d. Ethical marketing does not include the use of any proprietary information of
another Member or firm. Proprietary information includes, but is not limited to: (i)
client lists, (ii) pricing schedules, (iii) internal policy and procedures manuals, etc.
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A trade secret, as that term is defined under
ORS 646.461(4) and RCW 19.108.010(4) (See
Appendix of Statutes) means information,
including a drawing, cost data, customer list,
formula, patterns, compilation, program,
device, method, technique or process that:
(a) derives independent economic value,
actual or potential, from not being generally
known to the public or to other persons who
can obtain economic value from its
disclosure or use; and (b) is the subject of
efforts that are reasonable under the
circumstances to maintain its secrecy.
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OWCAM – ETHICS
Discussion
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Litigation in this area usually arises when agents or employees who, after leaving
employment, use the information in a competing business. For example, a
community manager leaves one management firm for another, and, having taken
the prior firm's client list, begins to solicit the prior firm’s clients. When this
happens, the former employer can file a lawsuit seeking a variety of remedies,
including monetary damages, an accounting for profits gained from the
unauthorized use, and an injunction (or court order) preventing further
disclosure or unauthorized use of the secret. However, there can be no liability
for misappropriation of a trade secret where the former employee uses no
confidential information or where the information is readily available to the
public. The protection is only against disclosure by "improper means". A trade
secret does not offer protection against discovery by fair and honest means, such
as by independent invention, accidental disclosure, or by reverse engineering
(i.e. starting with the known product and working backward to determine how it
was developed or manufactured). Examples of things that have been held to be
trade secrets include: special preferences or needs of clients, delivery routes, and
expiration dates of insurance policies and vital statistics of policyholders.
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OWCAM will not consider violations of employment
contracts or non-compete clauses under the Professional
Code of Ethics. No violation of an employment contract,
either implied or express should be brought before the
Professional Standards Committee.
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OWCAM does not intend for this Code to govern all
business relations and actions. Only those issues having to
do with the professional actions or demeanor of the
Member are to be considered. If the perceived violation is
an "illegal" act of contract violation or interference, the
correct forum is a court of law.
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5.00 CONFLICTS OF INTEREST
 Members shall avoid any real or apparent conflicts of interest with their
clients/employer. In the event of a real or apparent conflict of interest, the
Member shall promptly disclose all pertinent information regarding the
conflict to the client and allow the client to make an informed decision as to
whether to continue the relationship on the existing basis or to make an
appropriate change in the relationship to accommodate the conflict. The
decision on how to deal with a real conflict of interest shall rest with the
client and not with the Member.
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When recommending vendors, suppliers or contractors to clients, the
Member must disclose if any of the recommended entities has any financial
or other relationship to the Member, including family relationships, which
could create the appearance that the recommendation was made for the
Member’s personal or financial gain. The disclosure must be made at the
time the recommendation is made.
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OWCAM - ETHICS
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5.01 NON-MANAGEMENT SERVICES
The Member may provide goods and services to clients, other than community association
management services, provided there is full written disclosure on not less than an annual
basis as to all aspects that may influence the use of these services. The disclosure shall
specifically include any compensation paid directly to the Member as a result of contracting
for these services, prior to the award of any contract to provide such goods and services.
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a.
Where the management contract provides for specific charges or a specific mark-up
for goods or services, the requirement for disclosure is met.
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b.
Where a contract for goods or services is to be competitively bid and the Member or
an allied, related and/or affiliated company of the Member is a bidder; such bid shall be
based on precise written specifications provided to each bidder. The Member shall employ
a sealed bid process wherein all bids are received sealed and are opened in the presence of
the client board or its designated representative other than the Member.
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6.00 GRATUITIES
It shall be the policy of the Oregon-Washington Community Association Managers to discourage the
acceptance by Members of gifts, entertainment, or other favors from existing or prospective clients,
vendors or suppliers who act on behalf of the Member's clients, when such acceptance can unduly
influence the Member.
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No Member, or employee of a Member, may accept any unearned fees or other forms of
remuneration that may actually be, or appear to be, a conflict of interest.
6-01: Fees and Commissions
The Member is prohibited from receiving undisclosed referral fees, commissions or similar gratuities
in cash or in kind for recommending to or purchasing material or services on behalf of a client.
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a. The acceptance of any gratuity in cash is prohibited.
b. The acceptance of any gratuity by gift certificate, or in kind, including but not limited to, meals,
entertainment, housing, transportation, professional services or of any other nature, having a
cumulative value in excess of $50 (fifty dollars) from any one person or business in any twelve (12)
month period shall be fully disclosed to all clients which have procured services from the providing
person or business and to all clients who contemplate the procurement of such services.
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7.00
USE OF
CLIENT FUNDS
The Member shall
not misuse any
funds being held
for a client.
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8.00 LIMITATIONS OF PRACTICE
The Member, who has contracted with a
client to perform community association
management services, and who is also
engaged in the practice of another
profession, may perform other
professional services for the
management client provided there is
full disclosure to the client.
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9.00ENFORCEMENT
Each Member, as a condition of membership in the Oregon
Washington Community Association Managers, agrees to be
bound and abide by this Code of Ethics and Standards of Practice
and by any duly adopted amendments hereto, and agrees to
voluntarily participate in compliance, disciplinary proceedings,
and/or, if requested by the Professional Standards Committee,
binding arbitration brought through OWCAM against a Member
for an alleged violation of this Code and the Standards of
Practice.
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The Member subject to disciplinary action may, after hearing, be
subject to a letter of censure, probation, suspension or
revocation of certification; or probation, suspension or
revocation of membership in OWCAM.
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DISCIPLINE
YOU HAVE AN
OBLIGATION
TAKE IT SERIOUSLY
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 Due
Care
 Due Diligence
 Ethics/Ethical
 Fidelity
 Libel
 Slander
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FILING A COMPLAINT
CONFIDENTIALITY
PRELIMINARY REVIEW
INVESTIGATION
DISPOSITION
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HEARING PROCEDURES
 Witnesses & Participants
APPEARANCE BY COUNSEL AT HEARING
ADJOURN
DECISION
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a)
b)
c)
Letter of Censure
Suspension of Membership
Termination of Membership
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Asking the 10 questions
Scenario
You be the judge
Team 1 identifies the issues
 Team 2 applies the questions and presents
conclusions to Team 3
 Team 3 analyzes the conclusions and determines if it
is an Ethical Violation
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RESIGNATION
 APPEAL
 DECISION OF ETHICS APPEALS COMMITTEE
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So Remember
If you are tempted to tell those
“little white lies”
The night has a thousand eyes
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