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RichardC16 (Texas)
Posts: 21
Posted:
We are a small Texas HOA with 3 board members and 145+ homeowners. We have a newly elected board member that has an attitude of "my way or the highway" that is causing a great deal of stress with the president, the other board members and officers. It as if no one else can do right. He is confrontational and wants to run the HOA his way. For every problem his first reaction has been to form a large team of homeowners to go solve the problem even if some one else is successfully working the problem. He has even ruffled feathers of our town's planning manager who we need to work with us to resolve some issues with our common areas. We always have to find some one to run interference. We can't fire him and his term runs another 18 months. Does anyone have any suggestions as to how to deal with him?
CarolR11 (Colorado)
Posts: 2,563
Posted:
Welcome to the Forum Richard.

Are you on the Board? Is there a total of three people on the board? I didn't understand part of your discussion--sounds like three, but then it later sounds like more. Or do you have officers who aren't directors?

Mr. Domineering only has one vote. So, directors can make motions and vote to approve or not his agenda items. If he takes his "case" to a large group of homeowners and they come back to the Board demanding Mr. D's ideas be implemented, a different director should carefully explain why the board voted otherwise.

If Mr. D. is an officer, the remaining directors can vote him out of his officer position even though he'd stay on the Board. But read your bylaws to see how that works in your HOA. Your bylaws also might state that certain tasks may only be done by the president. For example, only the president may deal with xx, yy, or zz. An example of one of those might be the planning dept.

Just a start--I'm sure you'll hear from others!
RichardC16 (Texas)
Posts: 21
Posted:
I am a financial advisor, not a board member or officer. I have only observed his antics.

To clarify: There are 3 Board members/directors. The 3 board members are also officers, 1 as president and 2 as vp's. He is not the president. There are 2 additional people who are Treasurer and Secretary. That makes 5 people who manage the day to day operations of the HOA. Only the 3 board members vote.

I agree that two board members can out vote Mr. Domineering. He does not yet have the support of many homeowners, maybe 10 or so at this point.

To vote him out as an officer, the HOA would need a majority vote of the Homeowners which is difficult to get. The HOA has been around for almost 20 years and the Homeowners, except for 30 or so, have grown apathetic. The president can absolutely stop delegating tasks to him. However he refuses to accept the powers of the president as stated in the bylaws. He does what he wants on committees, including refusing to have the committee file status updates with the other board members. Fortunately he can't freely spend HOA money.

He doesn't see himself as the problem he is becoming. The HOA could let him run with a project and watch the project fail because people will stop responding to his dictates and tantrums. However that might not be good for the HOA.

We are stuck with him for 18 months, so I am more interested in finding ways to work with him but have him see that he is part of a team and was not voted the team leader (i.e. president). How have others worked with people like this?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Richard

You say 3 Officers/BOD Member but also two others.

My question to you is how many are elected? If all 5 are elected, then all 5 should be voting. This could aid in marginalizing your bully.

RichardC16 (Texas)
Posts: 21
Posted:
3 are elected directors and are appointed officers as 1 president and 2 vp's. 2 Homeowners volunteer for treasurer and secretary and are appointed to those positions by the 3 board members. They do not vote.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Your bylaws very well might state that the Board may vote Mr. D. out as an officer. You most likely are correct that only the homeowners can vote him out as a director.

How many directors do your bylaws state that you must or may have?

Meantime, it sounds as if Mr. D. chairs or is on committees. Your bylaws also might say that committees are controlled by the Board. They must report to the Board, be appointed by the Board, etc. This means that the Board can vote him off of the committees. If your bylaws are silent on this topic, your state's corporations codes might help assuming you're incorporated. It's a very good thing that he has no control over your HOA's pursestrings.

I know my approach sounds punitive, but he really sounds like a terrible person.

The Board could try to meet with him in private (executive session) to discuss his comportment, beg for teamwork for "the good of our community," etc.
RichardP13 (California)
Posts: 1,767
Posted:
It is not uncommon for Bylaws to state there shall be three Directors, elected by the Members, and for officers the Association shall have a President, Vice President, Secretary and Treasurer. The President and Vice president must be Directors. That leaves the Secretary and Treasurer, which can be appointed by the Board, but need not be Directors. They also do not have voting rights in decisions or actions brought before the Board.

I actually like the idea of having a Treasurer not as a Director. It allows someone that specializes in finance, but doesn't want the burdens of a Director.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By RichardC16 on 03/07/2014 12:09 PM

We can't fire him and his term runs another 18 months. Does anyone have any suggestions as to how to deal with him?

Actually, you can fire him (unless he is the Declarant). Organize a recall vote and "fire" him from the Board. Your governing documents and/or applicable laws should explain how to organize a recall. Typically it starts with a petition signed by the members "to call a special meeting of the membership for the purpose of holding a recall vote for [name] and, if successful, to elect an individual to serve the rest of the term"
JanetB2 (Colorado)
Posts: 4,219
Posted:
I second Tim ... anyone can be fired from a job, whether it is Executive or Grunt. If anyone does not properly perform their job they should be booted out the door and replaced.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My advice... Simply give this guy a "project". A special exclusive one for him to concentrate most of his time on. Let's say something like looking for bidders for work to be done. The rule is that 3 bids per project. He's to find the best 3 bidders to present to the board to decide on. That will be a time consuming job and sometime you need a "bull" with negotiations of contractors.

Consider this guy your "not nice guy" and play into that strength by having him do the "not so nice" things. If you keep him away from the "cluster" then your only left with the "cluck". ;)... He may be great in the roll of violation enforcer... It won't take long for members to see him as the enemy as well if he's the one to enforce the rules... Just sayin.... Enough rope and clip boards gets rid of most annoying board members...

Former HOA President
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Generally, the most aggressive board members are least willing to do much more than attend meeting. Whatever the complaint, this new member heads up the effort to solve it w/ the request to report back to the board. The more complaints, the more assignments. Never take the bait to engage in verbal sparring at a meeting; it is tempting.
RichardC16 (Texas)
Posts: 21
Posted:
Wow lot's of posts overnight. There are a lot of great ideas for how to handle this guy.

I like the idea of making him the covenant enforcer. It fits his personality. He will be immediately disliked. I also like the idea of defrocking him, i.e remove his committee responsibilities. That would certainly limit his reach. I will make these recommendations to the president.

Thanks again for the ideas.

I am new to this forum and had no idea how the response would be. I was presently surprised. Kudos to all.

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