Obstructive Director

We have a Director who obstructs every meeting with complaints and accusations against the President. the President tries to keep control of the meeting but is usually unsuccessful and so the accusations etc. continue for 20-30 minutes ( or longer) until he get tired or is made to understand from other board members that his behavior is out of order etc. The President will say we need to stay on topic with the agenda. Nothing works. What can we do? The President says she could threaten to adjourn the meeting, but that needs a majority vote and he might not get it. This happens at every meeting and is such a waste of time. What can we do?

Thank you.

-- I recommend a meeting of the board with the HOA attorney. I expect this director will act up at even this meeting. The HOA attorney needs to inform this director in no uncertain terms that he is obstructing the business of the corporation, and this may have legal implications, including his violation of his fiduciary duty. Ask the attorney to inform this person that if he continues to disrupt the meeting, by straying from the agenda, he will be required to attend by Zoom, and the president will reserve the right to cut off his sound when he goes off-topic, returning his sound when the next item on the agenda commences.

-- If this director is speaking at length about a topic on the agenda, place time limits for directors' commentary.

-- If the disruption is severe enough, ask the attorney whether having a security guard attend the meetings is appropriate, with disruptive people (including directors), escorted out as needed.

-- Ask the attorney if warning the director that he may be the subject of a court-ordered restraining order is appropriate.

Or in Michigan. (I need coffee....)

Can't less this slide.

The reason people posting questions receive a slew of questions in response is that they did not - contrary to what they may believe - provide enough information for others to give accurate answers.

It does nobody any good for people to make assumptions about the missing information and get it wrong.

Lou

Until the Pres has the balls to standup to the Director, the obstructions will continue.

KathyA3

I, also can't let this slide.....Funny that responders like AugustinD doesn't have to be "snippy" ( a whole different meaning of the word) and avoid answering the question, but, instead asks personal questions about previously asking the question, or is the questioner someone else etc. ? Neither of these comments/questions are necessary in their response.

Many of you avoid answering questions you aren't interested in, it seems, so just don't answer if you can't ask questions that directly pertaining to the inquiry content. If you don't feel like answering my question without asking personal questions or making personal remarks, don't respond at all. I am fine with that and respect that as well.

In fairness, I know you are all doing your best to help us and I really do appreciate your assistance in my problems. But, if you can't answer a queston witout asking personal questions (which don't pertain at all to the inquiry) or make personal remarks or comments......just please don't reply at all.

Thanks very much!

No, I reread, it is confusing the way things are posted. It should have gone to both KarryL! and Kathy A3. No apologies.....

Augustin D......Thank you for your response. Perhaps you have enlightened me further and I am the one being too 'hard" on the individuals who are trying to be helpful to either the "newbies" (I was a newbie a couple years ago.....) or just in general. FYI: We have 2 scoundrels on our board, and one bordering on that definition. Anyway, I have replied, in the past, to responders who have, in my estimation, been disrespectful and down right nasty for not good reasons and called them out. You, (is Mr. Bill listening?) AugustinD guide people (questioners) to different avenues of assistance like their own covenants or state law etc. (Note: I think NONE of our directors have read all our By-Laws or Master Deed). It is discouraging and I can and do get snippy and snarky too.

I feel honored that you answer my frequent questions and provide me with options, ideas, and direction. Refreshing to me! In all fairness, I get this somewhat from very few other people with whom you "work" and I appreciate it greatly. I think they all respect you and those who don't are just jealous of your knowledge capability.

So, if you get really exasperated with me, and go off, I will understand. Much of the cr-p that you have to moderate is repetitive stuff and I would think that makes it even more difficult. But, "Mr. Bill" again.....if you are listening, I would suggest you moderate some of the "regulars" who respond (about 90% of the time) in offensive ways......not just occasionally when it is deserved.

Thanks again, Mr. Augustin D. YOU have been a great help to me and I hope you will continue to be "there" for my and other's "needs."

JohnC46 that was the correct answer. Too many people who are in leadership positions do not like conflict and will avoid it at all costs. The leaders will not have the critical conversations that are required of leadership. Leadership is a lot different than management.

This advice might interest others who read these posts. It's from a site compiled, plus advice, by CA HOA lawyers: Davis-stirling.com, Index, director, meetings

"DISRUPTIVE DIRECTORS
QUESTION: Can a board member be censured for continually interrupting other board members at meetings? She has been warned over and over on this issue. What exactly does censuring mean, what does it accomplish?

ANSWER: Yes, boards can censure fellow directors for disrupting meetings or otherwise behaving badly.

Orderly Meetings. Board meetings are supposed to be run in an orderly fashion to accomplish the business of the association. Rules of parliamentary procedure were created for that purpose. If one director is constantly DISRUPTING meetings, business is delayed and directors become frustrated and either cease voicing their opinions or, worse, resign from the board.

Procedure. In the case where a director is disrupting the meeting by interrupting other directors, the censure can be imposed immediately. Under Robert's Rules of Order:

'in any case of an offense against the assembly [the HOA Board] occurring in a meeting, there is no need for a formal trial provided that any penalty is imposed promptly after the breach, since the witnesses are all present and make up the body [they are Board members] that is to determine the penalty.' (Robert's Rules, 11th ed., p. 646.)

Minutes. If done in an open meeting, the censure is recorded in the minutes of the meeting and becomes a public record for the membership's review. If it occurs in executive session, the minutes are not open for review but the action can be reported in the executive session summary recorded in the next open meeting minutes. (Civ. Code §4935(e).)"

So what a board needs is a majority of those present to first ask the violator of prop behavior to stop. As written previously, a director or the meeting chair calls "point of order! Point of Order!" This erosion states that XX must be instructed to speak only on agenda items." The chair instructs the violating director to follow the agenda wait for their turn or whatever. If that fails, a director or the prez calls a point of order again and even makes motion to censure the offending director. The censure can be the director must speak for the remainder of the meeting, for instance. (Not sure this is OK) The board, tho' could vote to remove the offender form an offices or committees they're on.

This only works, however, if a Board majority agrees to either shout "Point of order!" to get things rolling. The chair agrees with the point of order, or not. Failing that, the majority votes to censure the director. On a Board where there are 2-/1/2 offenders, I feel there's not much chance of success.

Robert's Rules of Order Newly Revised, In Brief, 2011, p. 90 is about (even) shouting "Point of Order!"

Censure CAN have power, JohnC, if done properly.

Yes, KellyL1, If you would please, let us know the proper way to do a censure. I thought it was a pretty simple procedure, Make a motion to censure including why etc. Vote, if majority it passes and person is considered censured. Not much more than that, then if passed, entered into the minutes. Have I missed something here?
Thank you.