Preamble of the Code of
Ethics of the Apartment Association of Metro Denver
We, 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, we 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 organization’s 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 member’s 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 member’s 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 council’s 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 council’s 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
Director’s decision will be based only upon the record presented
to it and the arguments of the parties thereto.
