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The three wise monkeys sometimes called the three mystic apes, are a pictorial maxim. Together they embody the proverbial principle "see no evil, hear no evil, speak no evil".The three monkeys are Mizaru, covering his eyes, who sees no evil; Kikazaru, covering his ears, who hears no evil; and Iwazaru, covering his mouth, who speaks no evil.There are various meanings associated to the monkeys and the proverb including associations with being of good mind, speech and action. In the Western world the phrase is often used to refer to those who deal with impropriety by turning a blind eye.[1] Just as there is disagreement about the origin of the phrase, there are differing explanations of the meaning of "see no evil, hear no evil, speak no evil."
- In Buddhist tradition, the tenets of the proverb are about not dwelling on evil thoughts.
- In the Western world both the proverb and the image are often used to refer to a lack of moral responsibility on the part of people who refuse to acknowledge impropriety, looking the other way or feigning ignorance.
- It may also signify a code of silence in gangs, or organized crime
What does this have to do with Eastside at Crotched Mountain Condominium Association?
What is FIDUCIARY DUTY?
When one party must act for another. They are entrusted with the care of property or funds.
What is DUTY OF CARE?
A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must make informed decisions in discharging their FIDUCIARY responsibilities. An informed decision is generally based on gathering all relevant facts and material, giving such information due consideration, and then making a decision. See also DUTY OF LOYALTY.
What is DUTY OF LOYALTY?
A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must ensure that any action taken is done in good faith and with the best interests of shareholders in mind.
What is BREACH OF DUTY?
In a general sense, any violation or omission of a legal or moral duty. More particularly, the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment.
What is BREACH OF TRUST?
Violation (either through fraud or negligence) by a trustee of a duty that equity requires of him. A breach of trust by a fiduciary can have serious financial consequences for the individual who relied upon that person. Someone or an entity agreeing to serve in a fiduciary capacity agrees to manage the assets or affairs of another person. Fiduciaries must act in good faith and carry out their duties solely for the benefit of the individuals who have placed their trust in them.
Recognizing the signs of a breach of trust:
. Commingling Assets: Fiduciaries must never forget that the assets, including deposit accounts, belong to the beneficiaries and not to them. Trustees, executors and others acting in a fiduciary capacity must keep the assets they manage separate and apart from their own. They must also maintain meticulous records of all transactions and provide them to beneficiaries, so if you are not receiving them, this might indicate a breach of trust.
ECMCA examples of co-mingled funds:
- Assessments for Capital Reserve or Reserve for the Replacement of the Common Area are not segregated/reported as segregated in audited financials (as required by the Bylaws of ECMCA) or existent on audited financials.
- Working Capital Fund contributions are not segregated/reported (as required by the Bylaws of ECMCA) or existent on audited financials.
- Insurance Proceeds are not deposited and disbursed from a Trustee Account required by the Declaration but are used/mingled within the Operating Account.
- Collection of delinquent assessments are deposited to the Operating Account and no allocation is made for the portion collected for the Reserve for Replacement of the Common Area according to audited financial statements.
. Conflicts of Interest: Fiduciaries must put aside their own personal interests when working on behalf of their beneficiaries. They should not use their positions to better their own financial interests or abuse their power by favoring some beneficiaries over others or punishing some beneficiaries for personal vendettas.
. Failing to Oversee Others: Fiduciaries frequently act in conjunction with others as in situations with co-trustees or co-executors. Each fiduciary is responsible for overseeing the activities of other fiduciaries and taking action to prevent or report a breach of trust. It is treated as a breach of trust for a fiduciary to not report or prevent wrongdoing by a co-fiduciary.
. Failure to Disclose: This duty requires directors to act with “complete candor.” In certain circumstances, this requires the directors to disclose to the stockholders “all of the facts and circumstances” relevant to the directors’ decision.
Where is the 2015 and 2016 Audits as paid for by the members?
Law Dictionary: Three Tell-tale Signs of a Breach of Trust
Law Dictionary: Three Tell-tale Signs of a Breach of Trust
Law Dictionary: Three Tell-tale Signs of a Breach of Trust Law Dictionary: Three Tell-tale Signs of a Breach of Trust
Law Dictionary: What is BREACH OF TRUST? definition of BREACH OF TRUST (Black's Law Dictionary)
Violation (either through fraud or negligence) by a trustee of a duty that equity requires of him. A breach of trust by a fiduciary can have serious financial consequences for the individual who relied upon that person. Someone or an entity agreeing to serve in a fiduciary capacity agrees to manage the assets or affairs of another person. Fiduciaries must act in good faith and carry out their duties solely for the benefit of the individuals who have placed their trust in them.
. Commingling Assets: Fiduciaries must never forget that the assets, including deposit accounts, belong to the beneficiaries and not to them. Trustees, executors and others acting in a fiduciary capacity must keep the assets they manage separate and apart from their own. They must also maintain meticulous records of all transactions and provide them to beneficiaries, so if you are not receiving them, this might indicate a breach of trust.
ECMCA examples of co-mingled funds:
- Assessments for Capital Reserve or Reserve for the Replacement of the Common Area are not segregated/reported as segregated in audited financials (as required by the Bylaws of ECMCA) or existent on audited financials.
- Working Capital Fund contributions are not segregated/reported (as required by the Bylaws of ECMCA) or existent on audited financials.
- Insurance Proceeds are not deposited and disbursed from a Trustee Account required by the Declaration but are used/mingled within the Operating Account.
- Collection of delinquent assessments are deposited to the Operating Account and no allocation is made for the portion collected for the Reserve for Replacement of the Common Area according to audited financial statements.
. Conflicts of Interest: Fiduciaries must put aside their own personal interests when working on behalf of their beneficiaries. They should not use their positions to better their own financial interests or abuse their power by favoring some beneficiaries over others or punishing some beneficiaries for personal vendettas.
. Failing to Oversee Others: Fiduciaries frequently act in conjunction with others as in situations with co-trustees or co-executors. Each fiduciary is responsible for overseeing the activities of other fiduciaries and taking action to prevent or report a breach of trust. It is treated as a breach of trust for a fiduciary to not report or prevent wrongdoing by a co-fiduciary.
. Failure to Disclose: This duty requires directors to act with “complete candor.” In certain circumstances, this requires the directors to disclose to the stockholders “all of the facts and circumstances” relevant to the directors’ decision.
Where is the 2015 and 2016 Audits as paid for by the members?
Law Dictionary: Three Tell-tale Signs of a Breach of Trust
Law Dictionary: Three Tell-tale Signs of a Breach of Trust
Law Dictionary: Three Tell-tale Signs of a Breach of Trust Law Dictionary: Three Tell-tale Signs of a Breach of Trust
Law Dictionary: What is BREACH OFTRUST? definition of BREACH OFTRUST (Black's Law Dictionary)
Law Dictionary: What is BREACH OF DUTY? definition of BREACH OF DUTY (Black's Law Dictionary)
Law Dictionary: What is DUTY OF LOYALTY? definition of DUTY OF LOYALTY (Black's Law Dictionary)
Law Dictionary: What is DUTY OF CARE? definition of DUTY OF CARE (Black's Law Dictionary)
Law Dictionary: What is FIDUCIARY DUTY? definition of FIDUCIARY DUTY (Black's Law Dictionary)
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