Board voting on issues without informing a Director

Started by BellaM2 • 9 replies • 1408 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BellaM2 (Florida)
Posts: 61

Posted:

What would a Director do if (this is a Board of 5) 4 Board Members did not include a Director the 5th BM about major decisions made regarding the HOA. The PM and other Board Members excluded one Director on the Board.

SheliaH (Indiana)
Posts: 6,964

Posted:

You accidentally posted this three times (the computer does that sometimes), so this can be the start of the thread.

Assuming you're the director, have you spoke to the president about this? Are these decisions being made at the board meeting and if so, did you attend those meetings? Major decisions should be made during a board meeting where all the directors can vote - a conflict of interest would be the only acceptable reason not to participate in the vote, so it appears someone (more than one) may have some sort of bias against you and you'll need to ask for an executive session to air things out.

If you're not getting any responses, you may need to talk to some of the homeowners to see if they can demand answers. It may also be someone knows something and you can find out that way. Depending on what type of relationship you have with the other board members, you may need to decide if you want to stay - if they're making crazy decisions, you may not want to be in the mix when the stuff hits the fan. But I really would start talking to the homeowners if the board members won't - I would assume they elected you to the position, but you can't do your job if the others are freezing you out. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JayP3 (Florida)
Posts: 154

Posted:

Florida requires 48 hrs. notice for all Board meetings.

Did you not see the notice?

No notice? You have bigger problems.

You did not attend? End of story.

Action without a meeting? Yes is possible but ALL 5 sitting members MUST sign a document specifying the EXACT action(s) and effective date. THis should be read into minutes during next regular meeting.

BellaM2 (Florida)
Posts: 61

Posted:

Yes, its called freezing me out. I took the Board before our attorney last year because they and the Property Mgr. tried to keep an illegal Board. No this decision was not made at a Board Meeting. I am the Trouble Maker. We were told to not vote by email by our Attorney. So Yes!! its called freezing me out!!

TimB4 (Tennessee)
Posts: 21,059

Posted:

As I understand it, and I am not an attorney, an action without a meeting, addressed under FL 617.0821, requires unanimous consent.

Without having unanimous consent, any decision that was made as an action without a meeting could be overturned if challenged through the courts.

The Board would be better off holding the meeting and have the four of them vote the same way (effectively making your vote irrelevant). At least this way it would be legal. Hopefully, the decisions they are making are in the best interest of the Association.

My suggestion, bring this issue up to them. If need be, take it back in front of the attorney.

JonD1
Posts: 2,350

Posted:

My guess the OP and her Board have a history. My guess an unpleasant one.

Why would the remaining Board members set out to work around her?

What was the issue they acted on?

Just what was the illegal Board the OP suggested was needing to be resisted?

In life when the four remaining Board members decide to "freeze you out" my question to the OP would be what was your role in all of this?

Why would they do so?

As far as recourse get a lawyer and find out what your options might be. understanding of course this just might widen the divide.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Re: Jay's question. Was notice of the meeting posted 48 in advance of it? Or not? Was it an open meeting? Or an executive session?

What do you mean, "The property manager tired to keep an illegal board." Please clarify, Bella.

JoK2 (California)
Posts: 198

Posted:

How do YOU plan on changing the self proclaimed label of trouble maker??? What have you done to patch things up with the board? Do you really think that after you, "took the Board before our attorney last year because they and the Property Mgr. tried to keep an illegal Board. No this decision was not made at a Board Meeting. I am the Trouble Maker. We were told to not vote by email by our Attorney." that they want to have anything to do with you?

I am not condoning their doing anything illegal, if in fact that is what happened. You did not say what the result was after you "took them before the attorney" so we are left with assuming.

BellaM2 (Florida)
Posts: 61

Posted:

The BOD and CAM is now accountable on many, many issues. I will continue to stand up for the best interest of the HOA. The CAM has cleaned up his act somewhat. Lots have gone on behind closed doors that I a not aware of, but the results are looking up for the better as of today. The attorney seemed to have spoken to someone, including the President. I have gained more respect..

Thanks again, for all the comments.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bella,

I'm glad it's working out.

Tim

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here