Officers Gone Rogue

We have two long-term officers on our condo HOA that routinely meet and handle board matters without including the other board members. It's starting to cause a lot of friction among the board. Since they are officers, do they have the authority to consult with an attorney or provide a written response to co-owners without consulting with the other board members first? Some of the letters that are being sent to co-owners are questionable in facts. I don't like that their interpretation of our bylaws/master deed gives the impression that it's the entire board's stance. Plus, their latest attempt at answering a co-owner may land us in a legal battle.

Are you on the Board, Jennifer? I might say more once I know this.

As Tim suggests, these officers are possibly doing what your board allows them to do. Why? Other directors are intimidated? Or bullied? Or simply don't care??

HOAs are governed by boars not by individual officers or a small group of board members. Board make decisions at meetings. I o not think these officers should writ to ours without the consent of the rest of the Board.

Jennifer,

Given your fiduciary duties, you really only have two options:
- immediately fix the board
- immediately quit so you won't be held accountable

I suggest you meet with two of the other board members at a time (no quorums), establish standards and then exercise your vote at the next Board meeting. If this doesn't work, then start a recall in the neighborhood of those Board members (the two officers).

Throughout all of this, you MUST know your docs and statutes - COLD - be able to quote them, and be able to connect this knowledge to action to start to control the Board's actions. Do not make the mistake of simply being against the current officers without KNOWING what can and should be done.

There are two of us (President and myself, VP & Treasurer) on a BOD of five that do the lion's share of work but we would not enter into any contracts nor make any legal decisions without input from the rest of the BOD.

Some examples: This year we had to change landscapers as our existing one raised his prices 25%. The Pres and and I got bids from 5 companies including the existing company. We prepared a summary sheet and we recommended one company (not the cheapest one). The rest of the BOD said fine.

We recently had the homes in our HOA power cleaned ($5,600) which we do every two years. The Pres and I got bids from 4 companies and narrowed it down to one company. We Emailed the rest of the BOD a cost summary and our recommendation which company we select. The rest of the BOD said fine.

The BOD is letting the Pres and I handle the legal work for some liens we are placing. The rest of the BOD does not question us.

Do he and I maybe make some decisions without BOD input that others might take to their BOD? Yes we do but we have never had any complaints from the rest of the BOD.

I admit that out of the seven board members, only four actually care and make an effort. I doubt the other three have even read the association's documents.