How do I fine a fellow Board Member?

Started by BrianL5 • 7 replies • 1464 views

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BrianL5 (Hawaii)
Posts: 2

Posted:

I was elected to the position of Vice-President of my board last year. We have a small condo of 25 units. At our last meeting we had a verbal agreement that one of our members was going to build a trellis so an existing plant could have something to grow on. Another member who doesn't get along with him took it upon herself to rip out the plant (out of spite). First we want to vote her off of the board, and reading the laws in my state (Hawaii) we just need a majority vote, but we also want to have her replace the plant, as it was providing much need coverage/privacy to our lobby. I dont know where to look for that.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

If she was on the Board and agreed to allow the trellis, why would she rip it out. I think this might come under the area of destruction of private property but am not certain.
Whatever you do fine or no fine, you will receive complaints.

GlenL (Ohio)
Posts: 5,491

Posted:

In our CC&R's anyone damaging or destroying part of the common element (common areas) is subject to a special assessment to repair or replace it.

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

Was there a motion to build the trellis for the plant?

Seems like this person removed something that was growing on common grounds.

You would have a hard time getting resittution from her, without this all being official.

Stick to just the removal, if you must. But without a motion, your grouds are shakey, IMHO.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Brian,

To answer the question in your heading, you fine a Board member the same way you would fine a non-board member - by following your enforcement policies.

I would also suggest that you solidify your verbal agreement by placing it in writing. In the written agreement, you should also solidify who is responsible for the maintenance and replacement of the trellis.

Tim

BrianL5 (Hawaii)
Posts: 2

Posted:

Thank you for the responses. There is a clause in our house rules regarding landscaping and requiring written approval from the board (which she didnt get). I realize it would be hard to seek damages from her, knowing she will just refuse to pay. There was no written agreement so i'll be sure from now on to get everything in writing.

ChrisP5 (Missouri)
Posts: 165

Posted:

Will you be able to get 50% of your members to vote to remove this director over this issue? I can't imagine that the board could vote to remove a director without the entire association voting on it. You could likely remove the director from an officer position but not the board.

BethJ2 (California)
Posts: 62

Posted:

If it were simple to remove a board member we would have done it a long time ago. In our ByLaws we can vote to remove an officer, but if that person was elected by the members ad a director, we can't simply vote that person out. (I wish!)

We have a situation where we want to assess a board member for things they did illegally, that ended up costing the homeowners hundreds of dollars. I will be contacting our attorney on how to do this.

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