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RobertS17 (Florida)
Posts: 52
Posted:
Hi, we currently have a four-person BOD and I will be chairing a meeting tomorrow and expect three directors to show up which will establish the quorum. One of the directors has a number of lawn maintenance violations which will have to be addressed along with what actions will be taken according to the declaration if the property is not brought into compliance. I am assuming this is not going to go well as the member tends to get rather emotional as if her and her husband are being singled out and the declaration is unreasonable. The truth is their property is the only property with obvious lawn maintenance violations. To make matters worse, I had to go door-to-door in our small community and threaten receivership in order to get some cooperation and at least three board members to satisfy the governing documents and Florida statute 617.0803 since we are incorporated and must never have less than a three-person board.

So what happens if three directors show up, quorum is established, and director X suddenly decides to quit or walk out? Would the meeting be suddenly adjourned and the decisions made prior to that be valid? I plan on starting the meeting by thanking each and every director for their time and effort to satisfy Florida statutes and the governing documents and helping me (president) by assuming the roles of officers. I also plan on stressing how she may wish to remain a director so she can have a say so in helping to create a rule for parking, as authorized in the declaration, which they are also in violation of. Further, by not openly and consistently enforcing the declaration, it violates the rights of others who expect the standards to be maintained.

The declaration has not been enforced for years because of a lack of involvement. Now we have involvement and wish to make positive changes rather than let the standards continued to slide.

Thanks!
GenoS (Florida)
Posts: 4,276
Posted:
Once you no longer have a quorum then nothing can be voted on. I feel your pain, Robert. Apathy is a heck of a thing.
SheliaH (Indiana)
Posts: 6,964
Posted:
If the other board member has a tendency to throw hissy fits like this, you might want to have an executive session before the meeting to address her behavior and that's when you could stress to her that you'd like her to stay, but walking out because you don't get your way is unprofessional. If she can't control herself, maybe she should consider if she wants to remain on the board. The board is charged with rules enforcement, among other things and as community leaders, board members should be setting an example (otherwise, how can you tell someone else to mow the damn lawn, pick up after their pets and so on?)

If this board member's lawn isn't in compliance and thinks she's being singled out, perhaps the board could charter a special committee of non-board residents to hear her appeal and then make a recommendation to the board (in fact, it might not hurt to do this with other issues so no one can scream selective enforcement).

As for the general meeting itself, if she bolts, leaving three, you still have quorum, so I would think you should be able to proceed as usual. if she bolts, note that she left at (time) and if she didn't give a valid reason (e.g. family emergency), let HER explain to the neighbors why she's acting her shoe size instead of her age. Discussion of lawn maintenance should be done in general terms instead of singling people out (if it's a small community, everyone will know what you're referring to, anyway).


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

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