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Preamble of the Code of Ethics of the Apartment Association of Metro Denver

The owner and supplier members of the Apartment Association of Metro Denver, know as AAMD, recognizing our duty to the public and the intimate nature of the relationship between the apartment resident and the owner, or manager, and being aware of the vastly increasing role of the apartment industry in providing the homes of the future, and in order to provide the multifamily community with the maximum in quality and service upon the highest standards of honesty and integrity, do hereby bind ourselves, with the adoption of this Code of Ethics, agreeing that, so long as we remain members of the Apartment Association of Metro Denver, and so long as nothing contained herein shall be unlawful, shall:

1.       In no way attempt to persuade, induce or coerce another party to breach this Code.  The inducing of the breach of this Code is considered a violation of same.

2.       Operate and maintain our apartment communities ever mindful of the existence and intent of the Apartment Association of Metro Denver; to recognize and comply with this organizationís bylaws and operational standards.

3.       Strive continually to promote the education and fraternity of the membership and to promote the progress and dignity of the apartment industry in creating a better image of itself in order that the public may be better served.

4.       Seek to provide better values, so that an even greater share of the public may enjoy the many benefits of apartment living.

5.       Establish high ethical standards of conduct within the apartment industry.

6.       Endeavor to expose all schemes to mislead or defraud apartment residents, through advertising or otherwise, by deceptive, misleading, or fraudulent statements, misrepresentations, or implications, unwarranted by fact or reasonable probability.

The powers to interpret, administer and enforce the provisions hereof, shall be appointed annually by the Board of Directors of the Associations, with the power of warning, fining, suspending, or expelling, after a hearing, any member found violating the same.

 

Code of Ethics

Article 1. Members of the Association should keep themselves informed on matters affecting the apartment industry, the state, and the nation, so that they may be able to contribute responsibly to public thought on such matters.

Article 2. Members of the Association should endeavor always to be informed regarding laws, proposed legislation, governmental regulations, public policies and current market conditions, in order t o be in a position to deal fairly and effectively with members of the apartment industry and residents of the apartment community.

Article 3. It is the duty of the members of the Association to protect the public against fraud, misrepresentation, and unethical practices in the apartment industry.  Each member should endeavor to eliminate in his own business and within his own apartment communities, any practices that could be damaging to the public or bring discredit to the apartment industry and the Apartment Association.  The members should assist all pertinent governmental agencies charged with regulating the practices and operations of the apartment industry.

Article 4. In the best interest of society of their associated members and their own business, the members for the Association should engage in on-going education of members based on the lessons of their experience and study for the benefit of the public, and should be loyal to the Association and its Board of Directors and active in its work.

Article 5. Members of the Association should not misrepresent or conceal pertinent facts relevant to the apartment community and its residents.   Members have an affirmative obligation to discover adverse facts that a reasonable competent and diligent investigation would disclose and which adverse factors would be material to members of the apartment industry and its communities. 

Article 6. Members of the Association shall support all fair housing laws and shall not condone discriminatory acts within the apartment industry with regard to housing and shall not deny housing to any person or persons for reasons of race, color, creed, sex, age, national origin, disability or familial status.  Members of the Association shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of any and all protected classes.

Article 7. Members of the Association shall support all equal opportunity employment practices and services and shall not permit any discriminatory acts within the apartment industry with regard to such equal opportunity employment practices and services.  No person or persons shall be denied employment opportunities for reasons of race, color, creed, sex, age, national origin, disability or familial status.  Members of the Association shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of any and all protected classes.

Article 8. Members of the Association are expected to provide a high level of competent service to the apartment communities.  Members shall not undertake to provide specialized or professional services that are outside their field of competence, unless members engage the assistance of one who is competent to provide such services.

Article 9. If a member is charges with an unethical practice or is asked to present evidence in any disciplinary proceedings or investigation, he shall place all pertinent facts before the proper tribunal of the Association.

Article 10. Members shall be careful at all times to avoid discrimination based on any and all protected classes in advertising and representation to the public.

Article 11. Members agree to assist in the accomplishments of the objectives of the Apartment Association of Metro Denver.

Article 12. All members agree to abide by the Articles of Incorporation, Charter, AAMD Bylaws, Code of Ethics and its Regulations, operating procedures and resolution of the Apartment Association of Metro Denver.  Additionally, should nay matter regarding a member or its apartment community and/or operation be submitted to the Ethics Board of the Apartment Association of Metro Denver, and the greater area of Lagos, or any other standing committee presently in existence, or to be created by the Association, the member agrees to abide by the decision of such tribunal, subject to any rights of appeal that a member may have.

 

I.        Administration of the Code of Ethics

A.      Interpretation and Execution.  The Board of Directors of the Association shall appoint and Ethics Council to serve, subject to the will of the Board of Directors, on an annual basis, or until their successors are duly qualified and appointed, will provide such Ethics Council with the authority necessary and proper to enable them to carry out the responsibilities entrusted to them in the Code of Ethics.  The Ethics Board will be responsible directly and solely to the Board of Directors.  The Board of Directors will establish all regulations necessary to administer the provisions of this Code.

B.       Ethics Council.  The Ethics Council shall consist of five (5) owner/operator members of the association, who are recognized within the industry as knowledgeable individuals, with such personal integrity and honesty that they will command respect within the apartment industry and from the public.   During any Ethic Council memberís terms, they shall not be allowed to participate in any proceedings which are brought against or in any way concern themselves personally, their companies, apartment communities, agents of employees due to alleged code infractions.  In that event, the first alternate that shall replace that council member will be the president-elect of the association.  Further, should the first alternate not be eligible, the second alternate shall be the vice president.  The council, in accordance with the regulations established by the Board of Directors, as provided herein, shall hear and determine all charges against member, affording such members an opportunity to be heard gully.  In order to conduct any reviews or hearings, a quorum of three out of five members must be present.

C.      Member Responsibilities.  Members shall be considered responsible for the code violations by their agents and employees where the Ethics Council finds, after considering all the facts, that a violation of the code has occurred and the member has either authorized such practice found to be in violation, condoned it, or in any way supported it.  Members shall be considered responsible for a code violation by their agents or employees, although it had no knowledge of such violation, if the Ethics Council finds that a member was grossly negligent by failing to establish procedures whereby a member would be kept informed of the activity of its agents and employees.

D.      Procedures.  If it is determined by the Ethics Council, in accordance with the regulations of this code, that a violation has occurred, the council may attempt to resolve any complaint or controversy, among or against its members, by conciliatory conferences in an attempt to secure agreed resolution.  Should the council elect not to attempt such conciliatory, or should, following such attempts, the council be of the opinion that a resolution cannot be reached, the, following a full and complete hearing wherein a decision is rendered adverse to the member, the council must the establish disciplinary action which may be a warning, fine, suspension, or revocation of a memberís membership with the association.  Such disciplinary action shall be established in writing.

E.       Additional Functions of Ethics Council.  The Ethics Council may suggest for consideration by the Board of Directors, new regulations, definitions, or other implementations and amendments to more fully give effect hereto.

F.       Amendments.  This code may be amended by two-thirds (2/3) vote of the AAMD Board of Directors.

II.       Regulations

A.      Receipt of Complaint.  Upon recept of a complaint that a member has violated the Code of Ethics, the Ethics Board shall require the complaining party reduce the complaint to writing.  If no signed, written, statement of the charge(s) is received from the complaining party within fifteen (15) days from the date of such request, no further action will be taken by the Board.  NOTE:  All notices and requests made in accordance with these regulations shall be provided by Certified Mail, Return Receipt Requests.

B.       Review Procedures. (1) If, after its investigation, the Ethics Council believes that the charges are unsupportable or frivolous, the council may terminate action on the charges.  Such decision shall be made known to the member in questions and to the complaining party who initiated the charges.
(2) If, however, the council believes, after its review, that a violation of the Code may have occurred and that further action should be taken, the council shall notify the accused member by forwarding a copy of the complaint to the member against whom the charges have been made.  The member shall have the opportunity to comment in writing on the findings on or before the 15th day after the notice is mailed.
(3) After the accused member has submitted his written comments to the council, if the council is satisfied that the facts revealed by their investigation are sufficiently rebutted or that the situation has not been corrected within 30 days, or longer should the council deem it necessary, from the date it sent notice of their findings to the accused member, they shall so notify the accused member.  The accused member, upon receipt of such notice, shall have the right, within 15 days, to request a hearing by the council.  The request for such hearing must be in writing to the council, on or before the 15th day after the aforementioned notice from the council is mailed.
(4) If the accused member does not request a hearing or fails to request the same timely, then the council shall commence to set the disciplinary action pursuant to this code.

C.      Ethics Council and Hearing Procedures.  (1) If a hearing is requested timely by an accused member, the council chair shall notify its members and arrange for the convening of such a meeting for the purpose of hearing all relevant matters, which meeting must be convened within thirty (30) days from the date the request is received by the council.
(2) The council may request the accused member and the complaining parties to supply it with a brief outline of their respective positions concerning the pending allegations.  Such outlines shall be disseminated to the members of the council and within ten (10) days of the receipt of those outlines, the chair of the Ethics Council shall poll its members to determine whether a majority of the council is in favor of terminating all further action, or whether a hearing should be held.  In the case of the former, the chair shall notify the complaining and accused parties of the councilís decision.  If the council decides that a hearing should be held, the chair shall select a date within the time frame designated for the same, and shall notify the parties of the same.
(3) The accused member shall be given ten (10) days notice of the date of hearing.  AT the hearing, the accused member shall have the opportunity to be represented by council and to refute the charges against him.  He will also have an opportunity to hear the evidence and confront and cross-examine witnesses against him.  He will further have the opportunity to present witnesses for his position, which witnesses also shall be subject to confrontation and cross-examination by the council and its members.  All witnesses and parties shall be subject to questioning by members of the council.  No transcript will be made of the hearing unless requested by a party who shall be responsible for the expense of making the same.
(4) The decision by the council wi8ll be upon a secret ballot after the council has had an opportunity to discuss the charges and the evidence presented during the hearing.  The violation or non-violation of the code will be determined in all hearing by a majority vote of the members of the council.  The council will determine either that no further action shall be taken or that the council may proceed in accordance with the provisions of the code.
(5) The hearing will be closed to all persons except the council, the charging and accused parties, and all necessary witnesses.

D.      Confidentiality. (1) At no time during the investigation or the hearing of the charges against a member, shall the board or any of its members confer with anyone at any time concerning any alleged violation of the code, except as provided herein and as may be necessary to conduct the investigation and hold a hearing.  All information ascertained during an investigation or hearing shall be treated as confidential.  At no time during the investigation or hearing of charges shall the council or any of its members confer with someone who has a conflict of interest with the member alleged to be in violation of the Code, except when it may be necessary to call that person as a witness to the facts, in which case, someone who has a conflict of interest shall be used only for the purpose of testifying as to the facts.  At no time shall someone who has a conflict of interest participate in the councilís disposition of a complaint.
(2) Upon request by the council or any of its members, all documents directly relating to an alleged violation, shall be delivered to the council.  Any such information obtained by the council shall be held in confidence in accordance with the terms of these regulations and the code.  Whenever the council terminates an action, which has been brought pursuant to this code, a record of the member accused shall be wiped clean and all documents, memoranda, or other written material shall be either destroyed or returned as may be deem appropriate by the council.  At no time during the proceedings under these regulations or under the code, shall the council issue a press release concerning the allegations or findings or a violation of the code, unless specifically authorized to do so by the Board of Directors.  Further, the council shall at all times strive to keep such proceeding confidential and to avoid publicity concerning the same, except as may be otherwise provided herein.

E.       Appeal.  Any party who receives an adverse ruling or decision by the Ethics Council may appeal the same to the Board of Directors.  In order to perfect the appeal, notice of their intention to appeal must be filed with the council and the executive officer of the association within ten (10) days from the date that the council renders its decision.  The notice must state the specific grounds for the appeal.  Upon receipt of such notice, the chair of the Ethics Council shall prepare a brief statement of the facts as the council found them to be, as well as the decision of the Board and the basis for the same.  The Board of Directors shall take up the matter at its next regularly scheduled business meeting and shall determine whether or not it will hear the appeal or whether or not the appeal should be dismissed.  All matters heard on appeal will be by way of argument and the presentation of any and all transcripts or exhibits and documentary evidence.  Oral testimony and witnesses will be heard by the Board of Directors and the Board of Directorís decision will be based only upon the record presented to it and the arguments of the parties thereto.