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BethS1 (New York)
Posts: 28
Posted:
A few of us board members are having issues with 2 of the officers who are friends with the past board. The problem lies, the one was on the previous board who we are looking into missing documents and possible misuse of funds by the past president. The other is our new President.

When the rest of us made it clear that this matter has to be looked into immediately, first we got the run around, then when the two of them realized we weren't going away, they finally pushed the issue of getting our files returned. Of course, everything was returned to them and then they said we wouldn't meet till January. We also asked these two to keep their mouths shut and not discuss the matter until with past board members until we ALL can look into it more. We also asked them not discuss gossip at meetings because our time is limited and personally we don't really care who is getting divorced or whatever.

Other than this, they are doing NOTHING. The place is running down, it looks terrible but yet their friend had a light out and we had to stop everything to make sure that got fixed. Or their other ex-board and friend is upset her new neighbor has a puppy. I tried to help with a newsletter worked on it with her, agreed on it, then the one that went out was totally different. So we are getting really fed up and we do not trust these two. I want to stay on the board so I can monitor what is going on but I'm leary about sticking on it when there is no trust. Does it put us at liability even though we are trying to fight them on this stuff they are mishandling? Is there a way, if I am not a board member, but an owner of requiring or getting a way to get the meeting minutes and financials?

RonaldW (South Carolina)
Posts: 901
Posted:
If there are a "few" of you who are upset with two members you should be able to prevail in anything put to a vote. Try not to take sides or form two groups opposing each other, but also try to get the business taken care of. You all have to work together in the long run.

Is someone taking minutes at the meetings? Are the gossip comments being recorded?

Ron
SC
RonaldW (South Carolina)
Posts: 901
Posted:
... we are trying to fight them on this stuff they are mishandling? ...


Many times "mishandling" is a matter of opinion. Some will feel a situation is being handled correctly, some will not. Be sure you are looking at the big picture and that you are representing the membership as a board member. Dropping off the BOD and then fighting them as a member will not be as productive as staying on the board and trying to make improvements from within.

Ron
SC
GlenL (Ohio)
Posts: 5,491
Posted:
Beth, are there enough of you on the BOD to replace the officers you feel are not doing their job? Unless your
Association elects people into specific jobs, the BOD has the power to reassign. While you can't kick the member off the Board you could reassign them to say member at large. While I would stay on the BOD and work to change things from within - the answer to your question about minutes and financials is yes as an owner you may request the documents and while you may be charged a small fee for copying and postage there are very few documents you as an owner do not have a right to. Usually these include ongoing litigation, conflict resolution with another member of the Association, contracts being bid, or proprietary information in a contract. As far as being sued, make sure your opinion/vote is clearly outlined in the minutes if you think the BOD is doing anything improper and your D&O insurance should protect you.

Studies show that 5 out of 4 people have problems with fractions
RogerB (Colorado)
Posts: 5,067
Posted:
Beth, I believe your Board needs to establish proper procedures for conducting meeting and maintaining records. Lean and use Robert's Rules of Order or similar procedures to conduct meetings. Gossip should never be allowed at meetings.

The private files a Board member maintains belong to them and never need to be returned. The association's corporate Agent, if incorporated, should maintain all official records; otherwise it is the Secretary's responsibility. You can search this board for discussions on what needs to be recorded in minutes.

Handing of monies and financial reporting procedures should be established and monitored by the Board. This can illuminate (or eliminate) inappropriate handling of funds. If after the President and ex-President answer the other Board members concerns, if they not satisfied their actions were appropriate, then further action can be considered. If you don't like the way the President is leading the Board you can remove them from that office. If there is theft or other wrongdoing which is significant an attorney's opinion may be merited.

WilliamB6 (Nevada)
Posts: 2
Posted:
E are attemting to slve the issue of BOD minutes and reports by having coppies available at the club house for all to view. We, the two newly elected board members, believe that an open forum is the best form of communication.

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