Bd Member instructs to NOT respond to other Bd member

Started by HaleyH • 25 replies • 845 views

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HaleyH (Illinois)
Posts: 67

Posted:

We have a three person Board; President, treasurer and secretary.
I am the secretary. We have a member complaint that they feel they are being targeted by the Board and is not being treated fairly compared to other members - member said they have an attorney looking into their situation.

I was sent an email (sent to me by mistake) by the treasurer telling the president not to respond to a question I raised. In this email between the treasurer and president the topic was how to deal with the member's complaint. The treasurer accused me of leaking info to the accusing member and putting my interest ahead of the associations.

At the most recent Board meeting I publicly shared this incident that i was purposely not included in the email which discussed HOA business, that this was illegal according to HOA Illinois law. (I didn't share the actual email just the fact that I was excluded and highlights of the emails.)

Other members now want to take a vote to require the treasurer and president to resign.
Your thoughts on this whole issue?

Thanks.

SheliaH (Indiana)
Posts: 6,964

Posted:

I like your community's response - if this is a three-person board,EVERYONE needs to be in on discussion and decision making. Otherwise bad behavior (like this) ensues. Let the homeowners have their meeting - hopefully, there will be two people willing to step up and serve. Until then, if the treasurer has an issue with you leaking information, he or she should be willing to say so in front of everyone so you can defend yourself.

That said, I do hope you're being careful with disclosing confidential information to unauthorized people. For example, sensitive issues that are usually the subject of an executive session(legal action by or against the association) shouldn't be disclosed to any homeowners. There are conversations all over this website about executive sessions, when to have them, how to document them, etc. Or you can just Google the subject and check your documents.

It's ok to discuss issues that have been discussed in open board meetings with individual homeowners - just be sure you aren't undermining decisions where you were outvoted or badmouthing your colleagues. They may very well act like buttholes, but spreading gossip or whispering behind someone's back is just as immature and unprofessional.

If you do wind up with a new Board members, all of you should sit down and come up with a policy regarding association emails. When you discuss association business, that's what they are, and homeowners may have access to those as well. There are discussions on this board about that as well - the first thing you'll probably notice is behavior like this can and does get people into trouble.

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

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Haley
When there is an issue between the BOD and a Member, especially when legal action is taken or implied, it should become BOD Confidential. If you let the information out publicly, regardless of how you got it, shame on you. It is you I would look to replace on the BOD.

HaleyH (Illinois)
Posts: 67

Posted:

I didnt divulge the email to the members knowing the topic was just for the Board to see. BUT I felt that it was important for all members to know that the Board is not working as a team, but demonstrates divisive behavior that is not good for the Association's welfare.
Thank you for your response.
(I'm checking our Dec and bylaws to see if the members can have Bd representatives voted off - I would imagine so.)

HaleyH (Illinois)
Posts: 67

Posted:

John,
All I divulged was that I was purposely not included in HOA business (via email) by a Board member and who had instructed the other Board member not to respond to me. The Board member that wanted me excluded has no reason to not include me -- he makes up his own assumptions and these are not founded.

GenoS (Florida)
Posts: 4,276

Posted:

Sounds like high school.

JohnC77 (California)
Posts: 562

Posted:

Quote:

Posted By JohnC46 on 08/10/2020 8:42 AM
Haley
When there is an issue between the BOD and a Member, especially when legal action is taken or implied, it should become BOD Confidential. If you let the information out publicly, regardless of how you got it, shame on you. It is you I would look to replace on the BOD.

Can you point out exactly where you found that the poster divulged information to the membership.

SueW6 (Michigan)
Posts: 814

Posted:

All your concerns should have been hammered out in executive session with the HOA lawyer there.

LaskaS (Texas)
Posts: 1,025

Posted:

omg, same exact thing is happening to me. Our board has excluded me from communications amongst the board. I can't get the attorney to attend the meetings because the board members who have access to the attorney are part of the group that wants to exclude me.

LaskaS (Texas)
Posts: 1,025

Posted:

GeorgeS21 (Florida)
Posts: 3,808

Posted:

ah, Laska.

This all does sound like high school.

KerryL1 (California)
Posts: 14,550

Posted:

Can you, Haley, call an executive session to discuss the owner's complaint with the other two directors?

Separate issue: I don't think it benefits your HOA for you to announce to Owners present at a board meeting that you all are not getting along and there are excluding you from emails. Aa a fiduciary, you're supposed to behave in the best interests of your association and I don't think your behavior was in that spirit.

Had you thought about confronting the other two in executive session? I won't look up IL statutes, but I believe your board must deliberate and discuss at meetings, not two (a quorum) or all three of you by email.
Why size is your HOA? Detached homes, or? Do you have a property manager?

Sure, your owners can petition to hold a recall election, but the tips to do that must be perfect and follow your bylaws or state codes. It might be best to wait till your next election.

LaskaS (Texas)
Posts: 1,025

Posted:

george21, its way worse than any high school drama I remember.

it's the results of lack of actual accountability of a condominium board in texas other than by a recall vote or litigation.

litigation which must be funded by the homeowners personal funds and the defense of the board will come out of the homeowners common funds.. The board has no skin in the game.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Laska,

That is correct - and, it is the way of organizational management.

If you are right in all you have reported, and feel so strongly as to continue to report so much here, as well as make yourself persona non grata on your Board, then you need to spend your money to fix the problem. Other options include becoming smarter about your involvement, or moving.

HaleyH (Illinois)
Posts: 67

Posted:

John,
By your question, I think there is a misunderstanding of the issue - hoping this helps as I do appreciate this forum for advice. I've made list below:

1. A Board member (A) sent me an email about a member topic. Down below in his email is another email from the other Board member (B) instructing Board Member A not to respond to an email I had sent. In this email he discussed how to handle a member issue who had mentioned an attorney was contacted.
2. I brought up this illegal action at a Board meeting; The illegal action to purposely exclude me from HOA business discussion.
3. He accused me in this email of 'leaking' info to the member which is not true.

I was curious as to how others would have handled this situation. I feel the HOA needs to know how this one Board member does not work as a team.

Thanks.

HaleyH (Illinois)
Posts: 67

Posted:

We had already planned a closed session at the end of the Board meeting.
I brought up my email exclusion prior to going into closed session.
During the closed session we spoke about excluding me and neither one would acknowledge that there was a problem by excluding me. The Board member (B) who instructed the other not to respond to me, claimed he was covered due to the email being noted as 'personal and confidential'.
THe other member didn't seem to understand the seriousness of what Board member (b) did.
It was meaningless discussion that went nowhere and very frustrating.
Their response during the closed session made me feel better that I had communicated it in open session.

HaleyH (Illinois)
Posts: 67

Posted:

Also - we do not have an attorney at our meetings -- we are very small -- less than 20 units.

NicoleO5 (California)
Posts: 61

Posted:

Your actions may cost your HOA a legal case. Way to spread confidential information. Especially legal! OMG

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By NicoleO5 on 08/12/2020 3:29 PM
Your actions may cost your HOA a legal case. Way to spread confidential information. Especially legal! OMG

Please indicate what confidential information was released. I see nothing in Haley's posts indicating she released confidential information.

In general, for a board majority to exclude a lawfully-elected board minority from discussions is a serious violation of the law.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By HaleyH on 08/10/2020 7:32 AM
Other members now want to take a vote to require the treasurer and president to resign.

Are said members actually reading the HOA's Declaration of covenants, Bylaws and the Illinois statutes for how to accomplish a recall? It's not as easy as you seem to make it sound.

When is the next annual election? This might be the easiest way to get rid of the bums.

Is your HOA a condominium (and so subject to the Illinois Condo Act) or a community of stand-alone homes?

HaleyH (Illinois)
Posts: 67

Posted:

I did not divulge the content of the email to the members.
I only called out that the one Board member instructed the other board member not to respond to me and then in his email discussed HOA business. He purposely excluded me from HOA business which to me is the illegal activity in my opinion.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Are they going to go to jail over it? Not that "illegal". Just not best way to conduct business.

Former HOA President

HaleyH (Illinois)
Posts: 67

Posted:

You are right -- illegal not correct --

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Still sounds like high school.

I don’t think further discussion is gonna help.

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