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MaryG11 (Michigan)
Posts: 4
Posted:
I am a Director (1 of 7) at a small association. One of our members (not board) has always been unhappy and consistently sends emails to all the board members and the president telling us what is wrong and how to fix it.

Based on Roberts Rules, does anyone know if all board members can respond to the information she sent or must it only be the President?

Thanks for any help you can offer.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Typically, The Board speaks with one voice and that voice is typically the President.
Prior to the President, or any other board member, speaking for the Board - the Board needs to meet and discuss the issue and decide how to respond. Until that is done, the best response any board member can make is "I'll make sure this issue is placed on the agenda".

Because Directors are also members of the Association and even possibly an Officer within the Association, they must remember that voicing a personal opinion might be perceived by a member as that is the position of the entire board when it might not be. This can cause many unintended issues.

Example:

A neighbor mentions to you that they would like to build a shed and wondered if you had an issue with it.
You say "no, sounds good."
Because your on the Board, the neighbor may perceive this to be Association approval to build the shed. If the shed doesn't meet guidelines the Association could find themselves in litigation over the issue.
To prevent this issue what should have said is: "I personally have no issue with it but you need to get approval from the Association before you build the shed. You need to complete xyz forms and contact Mr/Ms abc so the item can be placed on the agenda."

Hope this helps,

Tim
MaryG11 (Michigan)
Posts: 4
Posted:
It helps, sorta. The one board member who replied simply asked her for documentation and references for what she was telling us as "the truth" about the septic system. She wouldn't answer the questions posted to her but continued to rant and rave about how long she'd lived there and that she had been involved for many years. (most folks know she's a live wire so they take her with a grain of salt) We invited her to the board meetings to ask her questions but she says she doesn't have any. She knows the facts. When she wouldn't answer the questions after several emails, the board member finally stopped communicating with her. The questions is: did this board member violate the rules asking for clarification of the facts presented by the member?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By MaryG11 on 04/08/2012 1:25 PM

The questions is: did this board member violate the rules asking for clarification of the facts presented by the member?

Does the Association have a written rule that prevents board members from asking questions of members?

The question certainly sounded appropriate and, if I hadn't noticed that all board members were included in the e-mail, I probably would have asked the same question.

I would suggest that a simple comment be made in the Board meeting that it's best if the Board speaks with one voice. If you don't have a written policy, adopt one. Then move forward.

Your Board did the right thing by inviting the member to the meeting and asking for documentation. I would even follow up with the individual thanking them for bringing this concern to the board and indicate that per the Association records the issue is fine but if the individual can provide documentation contrary to the association records that the Board would be more than willing to revisit the issue.

GlenL (Ohio)
Posts: 5,491
Posted:
The questions is: did this board member violate the rules asking for clarification of the facts presented by the member?

Only if it is against the rules of your HOA. As Tim said all communications should go through the Board. I was often tasked with replying to our resident know it all by the president but the reply was approved by the entire board before it was sent. Which since the know it all was the wife of one of the BOD, made it interesting.

Does your HOA have a clear communications policy? And not just for the Homeowners but for contacting the MC or Attorney. For instance our treasurer can contact the MC regarding money issues, the secretary can contact them regarding minutes or the agenda but only the president can direct them. Makes it much simpler than five different people calling them to do things.

Studies show that 5 out of 4 people have problems with fractions
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Mary,

Speak through the president and have the president share the correspondence with all board members.

When the resident won't communicate properly as to maintain the grudge, ignore her and leave open an invitation to attend any public meeting.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MaryG11 on 04/08/2012 12:49 PM
I am a Director (1 of 7) at a small association. One of our members (not board) has always been unhappy and consistently sends emails to all the board members and the president telling us what is wrong and how to fix it.

Based on Roberts Rules, does anyone know if all board members can respond to the information she sent or must it only be the President?

Thanks for any help you can offer.

There is nothing in Roberts Rules that answers your question. Roberts Rules deals primarily with parliamentary procedure regarding the composition of and the conduct of the meetings of a deliberative assembly.
EricH8 (Virginia)
Posts: 116
Posted:
The board would not be following Robert's Rules of Order if all the board members could respond via e-mail. From Page 1 of Robert's Rules of Order 11th Edition:
"A group that attempts to conduct the deliberative process in writing -- such as by postal mail, electronic mail (e-mail) or facsimile transmission (fax) -- does not constitute a deliberative assembly. When making decisions by such means, many situations unprecedented in parliamentary law will arise, and many of its rules and customs will not be applicable (see also pp. 97-99).

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