A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Discussing Board Business with General Membership

Started by NpB • 16 replies • 600 views

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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

NpB
Posts: 604
Posted:
When a Board member discusses internal Board business (email discussions) or executive session meeting content with the general membership,, what are the consequences? There are no statutes I am aware of that mandate the termination of that Board member's position for discussing internal Board business with the general membership.
JohnC46
Posts: 14,230
Posted:
NpB

Stop looking for laws/statutes to control association business and BOD Member actions. As long as not illegal/criminal (embezzlement, assault, etc. ) the answer are in your Bylaws. Some say Censure a BOD Member but that is like whipping someone with wet noodle. It means nothing. Censure my a$$....kiss it.
NpB
Posts: 604
Posted:
Quote:
Posted By JohnC46 on 11/22/2020 2:35 PM
NpB

Stop looking for laws/statutes to control association business and BOD Member actions. As long as not illegal/criminal (embezzlement, assault, etc. ) the answer are in your Bylaws. Some say Censure a BOD Member but that is like whipping someone with wet noodle. It means nothing. Censure my a$$....kiss it.

If there are no statutes, there is little to stop people from engaging in unethical behavior.
GeorgeS21
Posts: 3,705
Posted:
npb,

Move on, please.
NpB
Posts: 604
Posted:
USE OF COMMUNICATION SERVICES

The HOA Talk.com Web Site or its operators will occassionally send our members email to update them on forum discussions, provide information of interest or introduce them to offers from and information on our sponsors. Per our Privacy Policy, we do not share your email address with outside companies. By registering on and using this web site, you agree to receive these emails. You may unregister at any time, cancelling your account and removing yourself from our membership email list.

The HOA Talk.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
SheliaH
Posts: 6,967
Posted:
You don't really need a statute - You can put something in your Bylaws - you've posted here long enough to know that's the first p!ace you look, because not every situation in HOA land will be covered by state law.

Your board needs an email policy, which should start with NOT making association decisions that should be discussed in an open board meeting and voted upon accordingly. The policy should also address emergency decision making that may require this and preserving those emails because those should be considered association records. Emails and taxes discussing attorney - client require special considerations, so have a chat with him or her about all of this.

As for the executive sessions, you already know those should be rare and the details shouldn't be discussed with unauthorized people. You need a policy about that too, so once again, talk to your attorney.

Strong censures and relieving the person or an officer position are good, and You could ask for his or resignation, but if he or she won't resign, you'll have to leave it to the homeowners to either vote that person out of office or do a recall. That's all you can do as far as punishment goes.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
NpB
Posts: 604
Posted:
Quote:
Posted By SheliaH on 11/22/2020 3:01 PM
You don't really need a statute - You can put something in your Bylaws - you've posted here long enough to know that's the first p!ace you look, because not every situation in HOA land will be covered by state law.

Your board needs an email policy, which should start with NOT making association decisions that should be discussed in an open board meeting and voted upon accordingly. The policy should also address emergency decision making that may require this and preserving those emails because those should be considered association records. Emails and taxes discussing attorney - client require special considerations, so have a chat with him or her about all of this.

As for the executive sessions, you already know those should be rare and the details shouldn't be discussed with unauthorized people. You need a policy about that too, so once again, talk to your attorney.

Strong censures and relieving the person or an officer position are good, and You could ask for his or resignation, but if he or she won't resign, you'll have to leave it to the homeowners to either vote that person out of office or do a recall. That's all you can do as far as punishment goes.


Thank you for your helpful post.
CathyA3
Posts: 6,286
Posted:
Is it smart to do? Nope. Does it happen? Yup.

Some board members will think they're doing a good thing, being approachable and "keeping the community informed". Others will use this avenue to spread misinformation and stir up trouble.

The board as a whole needs to make diligent use of all official communication channels to inform the community: web site, newsletters, distributing copies of board meeting minutes, etc. You won't be able to shut down a determined troublemaker, but you will be able to damage his credibility. Do it.

You'll have to take additional steps if Mr./Ms. Blabbermouth is disclosing confidential information, which is always a risk when a board member goes outside of official channels.
KerryL1
Posts: 14,519
Posted:
Are you saying you're on the Board now, NpB? Is it you who's revealing confidential matters? Please answer those questions.

Your state statutes say what may be confidential and discussed in executive session, right? This mean your Board can roll out sanctions. We have a written censure procedure that I barely can recall since we haven't be needed it. We also, with cause, can remove a director from an office s/he hold, along the lines that Sheila notes.

As for email, I don't think in AZ that confidential exchanges should take place among board members.
NpB
Posts: 604
Posted:
Quote:
Posted By KerryL1 on 11/22/2020 4:49 PM
Are you saying you're on the Board now, NpB? Is it you who's revealing confidential matters? Please answer those questions.

Your state statutes say what may be confidential and discussed in executive session, right? This mean your Board can roll out sanctions. We have a written censure procedure that I barely can recall since we haven't be needed it. We also, with cause, can remove a director from an office s/he hold, along the lines that Sheila notes.

As for email, I don't think in AZ that confidential exchanges should take place among board members.

If you read some of my previous posts, you would have deciphered that I am a Board member. It is not me who is revealing confidential matters.
KerryL1
Posts: 14,519
Posted:
A lot of people post on this forum, NpB, I don't think we all remember whether or not someone's on a Board. Did you want us all to check your previous posts?
JohnC77
Posts: 530
Posted:
Quote:
Posted By KerryL1 on 11/24/2020 12:21 PM
A lot of people post on this forum, NpB, I don't think we all remember whether or not someone's on a Board. Did you want us all to check your previous posts?

Aren't we being a little snarky today?
KerryL1
Posts: 14,519
Posted:
JohnC77: Yes.
AugustinD
Posts: 5,132
Posted:
lol

Attaway, KerryL1
MichaelS56
Posts: 875
Posted:
It is time for the Board to begin discussions on Board ethics. Good to Great materials has some standards that would allow for a good discussions. There a lot of material available to use to help shape what type of behavior your Board wants to use when managing the association business.
AnnaJ1
Posts: 95
Posted:
Our Board dealt with a dissenter member who did just that. We couldn't do anything in an official capacity. The best thing perhaps is for the president to have a discussion with the offender.

🎯 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

Terms of Use and Privacy Statement