material impact of board member discipline

Hi Robert,

When I read your recent post, "Question on committee's authority," I assumed that you are not a member of the board. But because you know what occurred in Executive Session, it seems that you are a director, yes?

I haven't read Robert's Rules on the topic, but I believe that your board can publicly censure--at an open meeting-- the offensive director for disrupting the meetings. This might be a deterrent. Also see davis-sterling.com; scroll down the main index to Disruptive Directors.

Also see the recent thread, "Security Guard at BOD meetings?" Janet's idea of taping the meetings might work especially since H/O's can see the taping occur, which might put pressure on the director to behave. Read other ideas in that thread too.

Since you're working with an attorney on the CC&Rs, I assume s/he's an HOA attorney. Look at Executive Committees on Davis-sterling.com and ask the attorney if your board can form one that includes all directors except the offensive one.

Does your board have a Code of Ethics? If not, consider creating one that includes respectful behavior towards fellow directors, etc.

If the director also is an officer, your board probably has the authority to remove the person from office. Check your governing documents.

Why is this director so hostile?

Hi Robert:

Board members are elected by the membership. The other board members cannot keep the individual from attending any meetings or eliminate their participation, as this is only the general membership right to remove from the position. However, as Carol noted he can be removed by the board from any “officer” position, if needed.

You can maybe Censure per your state statutes as noted:

http://www.davis-stirling.com/MainMenu/MainIndex/CensuringDirectors/tabid/1648/Default.aspx#axzz1ms1AoJgj

Otherwise I would recommend video taping meetings, as this is allowed in California. Other individuals reading these posts need to be sure and check their state laws because this is not an option in all States.

Just because this member has a different view point from others is OK. Sometimes you can have a group and one member will be right (maybe from a legal standpoint) while others are all acting on emotion. Potentially it is the different viewpoint which the membership preferred and why he was elected.

My apologies, I shouldn't have been terse.

I meant that it is ok to have different opinions, and actually different opinions should be welcome too. However, the opinions must be expressed politely and professionally.

Robert,

The idea of holding a board meeting in a board member's home so that one board member can be kept out of the meeting is to me far more offensive than anything that that board member could have possibly done. This indicates to me that you have zero understanding of a board's duties. Just where did you get the idea that you may legally excluded an elected board member from a meeting of the board? Similar nonsense came up in the recent thread about using a security guard to oust a board member from a meeting.

You, sir, have no business on the board of directors and you should do the members a favor and resign.

Larry

Robert - your president does not have control of the meeting.

No one should rant and rave at a meeting. It is distruptive.

A point of order by the president can be given with the remark and a tap of the gavel - "Mr. X, do you have a motion for the board to consider? All I hear are personal remarks, and they have no place in this meeting. You have a warning to keep your remarks focused and on issues."

Thank you, Susan. The original intent of this discussion was to find the material impact that we can carry out on the basis of such warnings. The board member has consistently ignored such warnings and keeps on shouting/commanding the other board members, as indicated in earlier remarks.

Thanks, Janet. The board member was elected by the membership and can be removed only by the membership. The most the board can (as per our bylaws) do is remove the director from office, but not the board. That's not required, since this director is a member-in-large with no specific duties mentioned in the bylaws.

Till now, we have only been able to keep silent while the other member keeps shouting, and we have recessed one time because this member was just obstructing board business.

We're losing valuable time because of this one member and another member is now losing patience and complaining to the Chair to do something about this.

Frustrating I understand … problem is under the state laws your hands are a little tied. While you can censure or ask for their resignation (which they can refuse), then they cannot be prevented from attending meetings, making motions, voting, etc. Possibly recording meetings and posting for membership to view might make a difference. Maybe if the individual sees how they appear in a video or that others will be able to view, it might reduce the confrontations.

Otherwise, unless membership will recall or the individual commits fraud or some other offense to warrant removal then everyone is expected to try and get along and make every attempt to play somewhat fairly together in the sandbox.

Boy, you just keep digging yourself in deeper and deeper!

First you suggested that you could hold a board meeting in a private residence so that you could exclude the attendance of a lawfully elected board member. Now you try to justify that by claiming that you found that advice on the Internet. And we all know that if you read something on the Internet it must be true! Is there no limit to your ignorance?

For the good of your HOA, resign from the board. If you wish to serve in the future then please find some community college classes to take.

And just who are you to dictate that you are beyond criticism? You posted here, claimed to have a problem, and asked for help. What you posted indicates that the problem is you, your lack of knowledge, and your disregard for those members of your HOA who elected the other board member.

I asked this question on the other thread and got no answer, so I will ask it again. What statute or common law permits a majority of members of a board of directors to exclude the attendance of other lawfully elected members from a meeting of the board? Robert? Anybody?

Carol,

Can you quote to me the section of Roberts Rules that states this? My understanding of Roberts Rules (nearly 40 years experience) is that no one can be compelled to explain their vote, or their reasons for abstaining.

Carol

Am I misunderstanding?

My experience says you cannot "force" anyone to explain their vote. Ask them their reasoning yes, but not force them to explain.

In one organization the BOD used to just list vote totals but one contrarian BOD Member had always accused the BOD of hiding things. As soon as he got on the BOD, he made a motion for us to list who voted how. Motion was seconded, discussed, and it carried. As part of the discussion one BOD member said he knew some had accused the BOD of hiding things while staring directly at the contrarian and that he was going to vote for the motion just to show some how wrong they were.