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IndieS (Colorado)
Posts: 79
Posted:
So we have a fellow board member who will.not.let.an.old.issue.go.

The issue has long been resolved, but she wants to see some communication that she is never going to receive.

She had lots of power on a prior board and resents that she is not allowed in everyone's business now.

Is it possible to make a motion that will end her ongoing, repetitive, time wasting complaints?

A discussion with the President didn't work, and despite ignoring the issue, she won't let it go.

Is it appropriate to make a motion as follows (not the actual facts, but similar):

"I move that all Board issues concerning the red car discussed at the January 2017 meeting, as well as the way that matter was handled, are considered resolved and that all further discussion of this issue, whether during meetings, via emails or through any other manner of Board communication, will end."

AugustinD
Posts: 5,144
Posted:
If your board does not set an agenda for each meeting, then it should. Subsequently for meetings it should stick with the agenda. When this director tries to bring up the old issue, the President should tell her/him it is not on the agenda and that the board is moving to the next topic.
IndieS (Colorado)
Posts: 79
Posted:
We have an agenda. She will bring it up ad nauseum, insert it into other issues, and constantly email about it. I know I'm expecting a miracle. I doubt any motion would shut her up on this.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Could you make such a motion?
Sure.

Will it help?
Probably not. In fact, it may make it worse.

instead, tell her you made a search of the records on her behalf and the info she is requesting simply doesn't exist.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Does not sound like it's resolved. You may want it to be because there was some kind of resolution. That doesn't mean resolved for everyone. Quite simply I would ask what would be the final solution this person wants that would satisfy them. Work from there. It may be something simple or it may be something not possible. It's still worth listening to as a final nail in the coffin.

Something just tells me this was a resolution pushed onto something than worked on together. Usually decisions like that, resolution is not satisfactory. Next time make the person feel like they are part of the resolution process even if their resolution isn't agreeable. Letting them see the process and why their resolution doesn't work often relieves the anxiety to get to what is needed to resolve.

Former HOA President
DouglasM6 (Arizona)
Posts: 724
Posted:
I'm going to agree with Melissa on this. It's not solved. Create a simple little form asking her for what she expects and/or would like to see happen. You can state that her wishes will be addressed at the next board meeting. Put it on the agenda and discuss it. At that time you can make the motion to dismiss the issue but make sure she is there to witness it.
IndieS (Colorado)
Posts: 79
Posted:
Thanks. What she wants is none of her business and she has been repeatedly told that the matter is between the President, Secretary and a specific homeowner. She keeps insisting it is her business, simply because she is a board member at large, even though the issue was resolved many months ago. No one else on the board wants to allow her access to the information. She likes to critique all of the communications sent out by any board member, and she was not allowed in the loop in this case. She won't let go.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By IndieS on 09/12/2017 1:58 PM
Thanks. What she wants is none of her business and she has been repeatedly told that the matter is between the President, Secretary and a specific homeowner. She keeps insisting it is her business, simply because she is a board member at large, even though the issue was resolved many months ago. No one else on the board wants to allow her access to the information. She likes to critique all of the communications sent out by any board member, and she was not allowed in the loop in this case. She won't let go.


Indie ... The potential issue you have is this individual is a BOARD member. She is correct in that all BOD members are to have access to the same information as all others. I could understand your issue if she was simple a Homeowner, but that is not the case per your own statement. While YOU might consider the issue closed apparently another BOD member who has every right to all the HOA records has not yet come to that conclusion. I would conclude that is potentially because you and others have improperly denied her access to the same information you have read. Potentially you and other BOD members are causing a Mountain to be made out of a Mole hill. I would contend give her the same information all other BOD members have had access to so she can draw her own conclusions.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Exactly Janet. Had a feeling there was something missing in this puzzle. They should have been informed and kept in the loop.

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By MelissaP1 on 09/12/2017 8:24 PM
Exactly Janet. Had a feeling there was something missing in this puzzle. They should have been informed and kept in the loop.


Yes ... In CO all Board Members are to have equal access to information. I am now wondering if this is the same BOD member withholding records as noted on Indie's other post. There is a definate struggle going on in this HOA ... potentially other BOD denying access to records required to be released to all BOD members ... so this one is withholding records in her possession in retaliation.

I just have a hard time understanding why everyone cannot act like adults and play nice together in the sandbox vs throwing sand at each other.
IndieS (Colorado)
Posts: 79
Posted:
Janet -- are you referring to CCIAO (we are a pre-CCIAO association and did not opt in to the new laws so are supposed to be following only those in section 117) or the Colorado Revised Nonprofit Corporation Act? (I've been quiet in board meetings, because I don't feel educated enough to counter either side.)
IndieS (Colorado)
Posts: 79
Posted:
Err, I mean CCIOA
GwenG (Florida)
Posts: 669
Posted:
Quote: What she wants is none of her business and she has been repeatedly told that the matter is between the President, Secretary and a specific homeowner. She keeps insisting it is her business, simply because she is a board member at large, even though the issue was resolved many months ago.

Unless this is protected information concerning an employee matter or an issue in active litigation, your irritating board member is entitled to this "business information" --as is every single owner in the association. The board member, however regarded by other board members, is doing what she was elected to do--represent the people who elected her with loyalty and care.

If something is said to be "none of my business" and between the "President, Secretary and another owner", my antenna automatically go to Code Yellow! This kind of secrecy only fuels the fires and the inquiring board member will remain persistent. Something smells here of collusion and coverup. The matter is desired to be resolved but one board member believes otherwise. The optics are bad even if there has been no wrongdoing, and the board is fueling the fire by not providing the information.

No board members can vote to put a gag order on another board member for asking for information that she is entitled to have in furtherance of a fiduciary duty to members.
IndieS (Colorado)
Posts: 79
Posted:
I appreciate all of the answers and really am not sure what to add to the mess other than to keep my mouth shut until I know more.

The three individuals involved claim that the matter is private and protected from the other interested board member.

This happened before I got on the board, and I don't know what the issue really is. I do believe it involves litigation at this point.

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