NC Board Member Social Media statements

We have an at large director who is making inflammatory social media statements including some that definitively states that our management agent and financial accounting partner has major accounting issues. None of which has any basis in fact. We currently have no code of ethics and this same board member has refused to sign any during any such discussions.

We're concerned over the potential of being sued for libel or slander due to this directors statements. Additionally, we're concerned that the public statements are in clear conflict to their fiduciary duties as a member of the board.

How would you handle in this instance?

Former member. This is a pretty new neighborhood but the developer borrowed very old language for the bylaws.

Remind the person you don't pee in the bed your sleeping in or plan to sell one day... The more you bad mouth the place, the less likely you find a buyer... Which eventually can be the most damaging to "Property Atractiveness" that can push house prices down.

If you don't like what is going on, then you submit bids for consideration for replacement... Although part of me thinks that can be part of his plan... May want to make sure not got a duck in this hunt for financial takeover...

JM,

I know nothing of this situation except for what you posted. You told half a story. Or maybe a half of a half. You have no right to come down on me for trying to fill in the blanks in your tale.

Does it make a difference if the board member is male or female? Are you suggesting that she should stay home and bake a cake?

You provided no details of the "baseless accusation" or the "personal vendetta," so I cannot respond to that.

You initially wrote that, "We have an at large director who is making inflammatory social media statements including some that definitively states that our management agent and financial accounting partner has major accounting issues." This is the personal opinion of a board member made outside of a board meeting; it does not represent the position of the board. Yes, she can do that.
Board members have a duty to speak up when they believe something is wrong.

JM,

You are not on the board.
You are not in a position to really do anything but rally the neighbors and institute a recall or gather enough support so they don't win a reelection effort. However, that will not stop anything except, perhaps, remove some liability from the Association.

The Board, as others have said, can do some things but even those are limited.
They can censure, they can informally warn, they can adopt a policy about Directors posting, they can remove the person from Office (but not from the Board), if they own the site - they can ban the individual from the site or shut it down completely. That's it. However, that will likely not stop what you are describing. In fact, it may escalate it.

I was with Larry when he questioned your statement that the individuals actions may be a violation of their Fiduciary Duty. Since you did not provide an actual example of what was being posted (but did provide some info), one would have to fill in that blank and it appears that Larry and I took the position of warning others of potential financial issues would, in fact, be fulfilling their fiduciary duty by bringing it to the members attention.

Remember, we do not know what you know and what may be common knowledge to you is not common knowledge to us. Therefore, we take positions and fill in the blanks based on our own experiences. The newsletter I created and ran for three years informing the members of what their Board was doing may have been seen by some as "baseless accusations" or that I had a "personal vendetta. Others didn't see it that way. It's all about perspective on how one views anthers actions.

Since you are not on the Board, you may not have all the details.
Have you tried approaching the individual and ask what the basis is for their position (something many on this site do often)?
It could be that they know something you don't or that they are misinterpreting something you can explain to them.