Pool Committee member intimidates lifeguard

First time poster here. I am the Vice President of an HOA in the Houston TX area. Our HOA's "CCO" or, (Chief Complaint Officer) went off on a lifeguard manager last week while at the pool. He intimidated and harassed the poor guy. This individual has been in the past, a HOA president, and also a chairman of the Swim Pool Committee and obviously will talk about it at great length. I will keep this short and ask what can be done about this individual. Can the board force him to resign as a committee member or revoke his right as he "serves at the privilege of the board". I ask because we only have by laws regarding the removal of trustees and not members of committees per se. Our board meeting is tomorrow (Monday), and there we to go over the incident and to make judgments and work on "new" by laws. The SPC chairman wants this guy off of their committee immediately. Can this easily be done? The guy was given the opportunity to give his side to the SPC chair and brushed it off. He will be at the meeting and this will be addressed. Have any of you had this problem in the past? Thank you for reading and be sure to ask questions of things I must have left out...

It's all volunteer. Let them know they are off the pool committee. Committees are volunteer and usually not voted/appointed positions. No reason why the committee chairman can reduce duties or let them go off that committee.

I may also make a motion barring the individual from contacting the vendor in the future regardingn issues with the pool. If they get one more issue from this guy, they will bar him from the pool also. He has a history of being a pain to everyone. Also suffers from ex pres syndrome. "When i was pres, we did it this way..." If he was still pres, he would have handled this already lol, is my view of it.

Make 3 meetings and you are put on committee. Yes it is volunteer.

But the Board had to agree. Hence they were appointed. 

Thanks

Posted By MarkK18 on 06/26/2017 5:33 AM

Problem with this guybis he may be off his cracker.

All the more reason to have them off the committee (or does the Board want the potential liability issue by keeping them as part as representatives of the Association). 

Good reason not to have him represent

Posted By MarkK18 on 06/26/2017 5:33 AM

He will most likely contest and try and sue for his removal with personal suits or some thing.

You can't do anything about how someone reacts to Board decisions. 
The Board and Committee are indemnified, hence your D&O insurance should cover any legal action. 

Personal opinion, if you are worried about that possibility, perhaps you should consider resigning from the Board. Otherwise, you need to do what you believe is in the best interest of the Association and the majority of the membership (as you will never please everyone).

That is what I think. We cannot be held hostage by rogue residents. We have to show responsable "force" when faced with these tough decisions.

Posted By MarkK18 on 06/26/2017 5:33 AM

I do not think our hoa has done something like this before and may believe that if it is not in the by laws, then we cannot do it.

Then spend $300 for a legal opinion from the Association attorney. 

Waiting on that...

Posted By MarkK18 on 06/26/2017 5:33 AM

Does the chairman have the say so to get gim off, and what stops him from rejoining the committee in 2 days. Thanks for the help.

Typically, the Board appoints (agrees). 
Hence, the decision is at the Board level.

Are you trying to pass the buck? 

No, the chair wants him gone as does 90% or more of that committee. The chair wants the board to act as it is more clear in the action. Our board pres is the one worried of repercussions from this, not me. I want to solve this situation by removing member and the pres is worried about blowback. I know that if this member is not dealt with, then the problem will get worse. Im disappointed in thoughts of our prez as the are afraid of suits and problems arising from this. I say hit it head on. I am in here to get info and confidence in my actions later

Note that in most associations bylaw changes require a vote of the membership at a members meeting, make sure to read your docs understand what the requirements are for bylaw changes.

"Rules and Regulations" can be made by the board, but have to be in line with the other governing documents.

I'm with the others that committees serve at the pleasure of the board, the board already has authority to appoint and remove committee members without any other changes. If you are concerned that the pool committee chair might reappoint this person, then replace the chair also.

As far as suing, people threaten that all of the time, but rarely follow through because actually suing is a lot more time consuming and expensive than mouthing off about suing. In any case, I don't see what grounds the member would have to prevail in a suit.

The pool chair is demanding action against member. The member in question is the thorn in side of many vendors as they micromanage and are annoying to deal with. Our pres is worred about suing and I am not. They are trying to broker a resignation before the meeting tonight. I think this allegation should be brought up at the meeting and docunebted in the minutes as this individual needs to have this out there, for cause of action. They told lifeguard to watch out and be careful.....as they were on the board and such for 10 years. Definate abuse of power and the like. Over last 2 years the member has displayed odd tendancies and is considered a pest as far as procedures and by laws are concerned at meetings. I am seeking this informative suggestions to help with decision making at meeting tonight. As i will help persuade or dissuade action on the matter.

I agree your Board want to be on record (in the minutes) that they moved to eliminate the man from that committee. It's important to show that the board does not tolerate his harassment of staff.

Can't you have this matter discussed in executive session?

Will do

Have you looked at TX Corp. code yet, Mark? It might give you the legal ammo you need to justify removing the man.

Are you sure you read through corporations code, Mark?

Mark,

How did the meeting go?

No action taken until private ex session with the member so they can explain their case first. The lawyer says we can release him, just expect blowback from said member. Creating by laws here on out to enable a fair and just way to do so is also on the table as there is no specific wording on doing so.

I agree with MichaelB44. The "show up 3 times and you're on the committee" does sound a bit strange. Especially if there is then no "how to remove a committee member" companion section. Get rid of the 3-times provision and replace it with language that gives the board the power to appoint (and accept applications) and remove committee members. To my mind this is one of those situations where a really simple solution is probably the best.

Imo, you do not need to spend $ to revise your Bylaws. Tell us: what DO the Bylaws ay about committees? Anything?

Like I said, ours say little except we (the Board) can form them. CA Corporations Code spell the Board's authority out better.

Why do you need a bylaw change? Doesn't the board appoint committee members? If so, the board can remove them, with or without cause.