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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JamesA11 (Pennsylvania)
Posts: 5
Posted:
In our next up coming meeting there is going to be heavy discussion.

First off I feel this BOD member should be removed from the BOD.

The story..

First off during the executive session it was decided to leave parts of a motion out. this was with article issue of a lease, and disclosing the actual violation the board felt was confidential. we all discussed it and ALL agreed, leave out the exact detail and just mention the article number of the lease only.

Open session comes about and members are in the room during the question and answer portion. A lot of upset folks about the motion and asking a lot of questions. One BOD member starts to get upset, sees another BOD member shake her head about something. He Then at top of his voice looks at her and says "F(@K YOU" then her name "F(@K YOU!".. Stares her down then Blurts out the info the BOD ALL agreed to keep confidential and follows up with "Your a Bi!@H, You BI!@H"

The membership was shocked as to the actions of this BOD member to a fellow BOD member. He refused to apologize to her and did not even make a apology to the membership. So far our president seems to feel a formal apology is all that is going to be needed.

I do however feel due to the confidentiality breech, and the outburst. It is all actions unbecoming a board member and should NOT be tolerated.

Am I wrong for this, or is it better to let the apology be made and move on? what would you do if you were on this BOD.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Most governing docs or state laws do not give the board authority to remove a board member, so there are limits to what can be done. There are threads here about boards censuring a member, but that's nothing more than a resolution saying "you've been a bad bad boy/girl". It's up to the members to decide at the next election whether to remove or keep the director.

Escaped former treasurer and director of a self managed association.
JamesA11 (Pennsylvania)
Posts: 5
Posted:
DouglasK1,

Thank you for that info, I would have thought the BOD in certain circumstances would have the right to remove a BOD member/director. He was fined $100, and paid it the next day. But to me that does not fix his actions, and possibly opens the doors for others to follow suit as well.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JamesA11 on 10/09/2017 2:51 PM
DouglasK1,

Thank you for that info, I would have thought the BOD in certain circumstances would have the right to remove a BOD member/director. He was fined $100, and paid it the next day. But to me that does not fix his actions, and possibly opens the doors for others to follow suit as well.

I'll refine what I said before, that generally a director can't be removed by the board if they are in good standing (assessments paid) and were elected by the members. The board might have authority to remove directors that were appointed by the board and never elected. You would have to review your governing docs to see if there are any more qualifications that would allow the board to remove a director. Realistically, such a clause could easily be abused by boards to remove directors that don't agree with the majority (thwarting the decision of the members who elected them).

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
It sounds like you, as a board member, James, need to read your bylaws to learn how to remove a board member. It's a part of your job as a director to read & understand them.

If this rogue director is an officer, your bylaws probably say you can remove him from his office, say, secretary. But not from the board.

Your bylaws also might give the Board the right to form an "executive committee." This can consist of all directors except the rogue. That way, the rest of you can discuss executive session matters without him and also withhold those minutes from him. This will maintain confidentiality. If your bylaws are silent on executive committees, you might have to read PA's corporation codes. You could keep this committee in place for, say a couple of months to discipline the rogue.

If the rest of your Board won't support forming an executive committee, you'll have to wait till the next election as Douglas suggests, and vote him out. OR, you can go to the trouble of a recall election, but that's a lot of work.

Now, our HOA has a rule that no one can shout at directors, residents or staff or use abusive language. We made it after a very large tenant let loose with a stream of profanity at a very small staffer of color. There was a witness. We have an immediate call to hearing and a $100 fine. How, James, did you manage to fine your rogue??
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JamesA11 on 10/09/2017 2:51 PM
DouglasK1,

Thank you for that info, I would have thought the BOD in certain circumstances would have the right to remove a BOD member/director. He was fined $100, and paid it the next day. But to me that does not fix his actions, and possibly opens the doors for others to follow suit as well.

The fine should have been in your first post. If there are no signs of serious damage from the breach of confidentiality, then given this hefty fine, I would say you are being petty.

I wonder if fines for bad language are legal.
KerryL1 (California)
Posts: 14,550
Posted:
Thats's basically the end of my post too, Augie. We'll see what James' reply is.... if any....
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By KerryL1 on 10/09/2017 7:56 PM
Thats's basically the end of my post too, Augie. We'll see what James' reply is.... if any....

Great minds think alike?

I wish there were a way to enforce civility without having to figure where to draw the line dividing dues paying members' (or directors') rights to opine on their corporation's operations and disruption of a corporation's operations. I do feel security guards can help, even if the crude-talking person is a director. At least, better to have a security guard than to not have a board meeting open to members at all.

I am sorry for what happened at James's HOA. Lots of people must have been demoralized after that meeting. Conduct like that is not good for property values. (Not to overlook the possibility that the vulgar-talking director may have been provoked inappropriately into losing his temper.)
JohnC46 (South Carolina)
Posts: 14,265
Posted:
James

Are you a BOD Member? If you are, shame on you for not knowing what can be done to who made the uncalled for outburst.
JohnB83 (South Carolina)
Posts: 124
Posted:
No shame.

Typical volunteer.

Clueless .... and incapable of comprehending simple corporate documents.

And unwilling to spend any time LEARNING the job.

🎯 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