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LouH1 (Michigan)
Posts: 214
Posted:
Board member hates another board member and publishes an unapproved meeting minutes where the board member he hates has been suspiciously accused of violating a parking rule nearly 2 years ago. This co-owner wanted to have the complaint read aloud in a general open meeting. The accused had no knowledge of this accusation in advance, but called the co-owner the next day and they had an agreeable conversation and all seemed to be resolved. So, co-owner to co-owner had resolved the situation. The Manager is in agreement it is resolved. All good..... But oh no.....the Director who hates this other Director takes these written unapproved minutes containing the written complaint and sends it out by email to all co-owners with a note demeaning the Director.

What can be done to this Director who is an obstructionist about most everything? He has been verbally reprimanded, but he doesn't really care. What steps could be taken on behalf of the demeaned Director? Probably nothing, right, just have to get him not voted in next time.... that will be difficult. I have read about censure and I am not sure we could get the majority agree to do this, but can the "damaged" Director file the censure by himself and ask that it be included with the minutes? He has never been asked his side of the story or anything. The whole thing seems terribly unfair and unethical.
Please give me some ideas, you always have some. Thanks in advance.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
You cut this director's information flow to a bare minimum and then ignore him or her on everything else.

Should the bickering rise to slander, then it's not the board of directors' concern at that point.

Also, the board doesn't have to approve any of this person's ideas. It can vote them all down.
LouH1 (Michigan)
Posts: 214
Posted:
Well, that would be nice, but he has been on the board for 20 plus years and he cannot be ignored. He demands to be heard and everyone gives in. Whose concern is it when the bickering rises to slander? What should be done, none of the board has guts enough to do anything about his rants. Guess there is not answer, is there?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I wouldn't participate on a board that embraces that culture.
CathyA3 (Ohio)
Posts: 6,299
Posted:
If it rises to defamation, then it's absolutely is the board's business. The board's silence implies consent. At the least you could put out a statement that Director X does not speak for the board and that the board does not agree with his statements. And because it's gone on a long time, it begins to look like harassment.

Usually I let things like this slide, but if I were the target of a sustained campaign of misinformation, then I would find myself a pitbull of a lawyer. The bad actor would receive a cease-and-desist at very least, and when it continued, there would be a lawsuit, and the board may also be named if they had taken no action to correct the misinformation.

I'm not an expert on defamation, but I do know that in many states, there are a number of slanderous accusations for which the target does not have to demonstrate actual damages in order to be awarded them - damages are assumed because of the nature of the accusations.

Still think it's not the board's business? Just how good a job do you think they're doing if they're constantly being distracted by this nonsense? And what do you think is happening to the mood of the community when they have to listen to it? Ignoring what's happening does not serve your community well, never mind what's being inflicted on a fellow board member (who must be a saint to put up with it).

I strongly recommend that you try to get this toxic person off the board before the lawyers show up. Fortunately he's doing some of your work for you, in that he's spewing his cr@p all over the community. You may be surprised how many homeowners are also sick of it.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Vote the Board member off the Board.
KerryL1 (California)
Posts: 14,550
Posted:
Can't remember, Lou. Are you on the board? How many are on the Board?

How many homes in your HOA?

When you are at Board meetings--if you're not on the Board-- why not say something at open forum along he lines of: I and many of my neighbors do to want this director to permit Mr. X to speak rudely of his fellow Board member. I ask the Board to vote to stop Mr. X form keeping th Board to get the business of our HOA done.

If you have no support form your neighbors or from the board, Lou, you will not help change this ugly situation. Where is your property mgr in all this? Does s/he attend board meetings? Can you ask her to state that Mr. X's behavior is out of order and hurts the HOA?

Does the presider, the president, I assume, never say that Mr. X is out of order. Everyone on the Board should be talking only about agenda items and ranting auto random nonsense. Does the prez have no control?
KerryL1 (California)
Posts: 14,550
Posted:
Can't remember, Lou. Are you on the board? How many are on the Board?

How many homes in your HOA?

When you are at Board meetings--if you're not on the Board-- why not say something at open forum along he lines of: I and many of my neighbors do to want this director to permit Mr. X to speak rudely of his fellow Board member. I ask the Board to vote to stop Mr. X form keeping th Board to get the business of our HOA done.

If you have no support form your neighbors or from the board, Lou, you will not help change this ugly situation. Where is your property mgr in all this? Does s/he attend board meetings? Can you ask her to state that Mr. X's behavior is out of order and hurts the HOA?

Does the presider, the president, I assume, never say that Mr. X is out of order. Everyone on the Board should be talking only about agenda items and ranting auto random nonsense. Does the prez have no control?

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