Board Members who Thrive on Controversy

Pain in the "rear" Board member runs around the neighborhood talking trash about the Board to whatever homeowner will listen when something is ratified that he didnt want. He slanders and mischaracterizes Board decisions that he disagrees with to generate distain towards the Board. I also believe he shows Board emails to members. He's most definitely violated his Fiduciary Duties, but we cant do anything but censure him which won't solve the issue. Now, he's recruited two more @ssh*les as allies who were voted onto the Board a couple of weeks ago. They act like him. This is stressful for me as president. It creates tension on the Board, and we're handling a big mess right now between the developer and the County regarding some amenities that weren't completed. Plus, I can't be forthright with the complete Board. For example, when residents send complaints to the PM, they can only send them to me, because this guy will run around telling everyone that so & so complained about whatever. At first, it was just one of him. Now there are 3, on a 7 person Board. Any suggestions?

How, Anna, did these two replicas of the jerk get approved to be on the Board?? Owner vote? Board appointees?

Since you still have a majority of 4 (I hope), DO censure him publicly if you have meetings open to members.

Another possibility is to make the Board majority an executive committee of the Board. This would exclude him and his cronies from the confidential materials that worry you. Meanwhile, there should be very few Bird emails among yourselves. Cut back on them and discuss as p music as possible in open meetings so Owners can see and hear you.

Consult with your HOA attorney for advice.

Other here will help!

No poll is required, but HOA/COA board meetings are supposed to be open to owners. Furthermore, the expense of a lawsuit is significant, and this expense should appear on financial reports, to which members under the law have access. Also HOA/COA disclosure law in Md might require disclosure of any active litigation.

I know it's so hard and demanding being a HOA/COA president. But if per chance the board did not at least disclose that the HOA/COA had begun litigation, and further say something like, 'The filings are public record at the courthouse. On advice of counsel, the Board can say no more.' then I think this would understandably raise hackles.

Thanks AugustinD for the well thought out response. Want to move to MD to be on the Board with me?

Yes, this lawsuit was well publicized to owners, and every owner that was present when the lawsuit was ratified was in favor of it. The PM also sends out E-blast updates. The amount going to the attorneys is clearly listed on the financial statement sent to every owner right before the annual meeting, which he used to run around the neighborhood with to get everyone worked up. This person just is against the BOD and pretty much every decision it makes. So, he wants to get his way, no matter what.

As someone who found herself in a similar position (but not that extreme), here's my take:

If you're the sole voice of reason on the board, then you need to accept that you won't be able to affect the outcome of this sh!tshow.

Engaging in a fight with the other directors won't do any good. You'll be playing their game and they're better at it than you are. Plus they'll enjoy it and it will make you nuts.

This means your options are either to stay on the board and and do your job calmly and professionally, knowing that it will be unpleasant and that you won't change anything, or resign and let things play out as they will.

The other thing you're up against is a bunch of homeowners who are listening to the troublemakers.

If you had just a few troublemakers on the board who weren't getting much traction with the rest of the community, then I'd be leaning more to the slow and patient method, providing homeowners with plenty of accurate information so that they can make informed decisions and allow the bad actors to discredit themselves. With enough allies you could try for a recall election after the troublemakers have done a few boneheaded things that will give you some ammunition. But there may not be enough homeowners right now who think there is a problem.

Without enough allies, often the quickest way to educate people is to let them experience the results of their bad decisions, painful as they may be in the short run. I'm a big believer in the educational value of natural consequences.

So in your shoes I'd strongly consider resigning and leaving them to their own devices. Let it get worse before it gets better, and hopefully enough homeowners will wise up quickly enough to prevent too much damage.

Thanks for the feedback everyone. Very helpful.

Michael, great idea. Does your Board have something like this? If so, could you give more details?