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ErinA2 (Illinois)
Posts: 30
Posted:
Hello, looking for advice on how to proceed with a board member who has been on the board for 2-3 years now but feels like they still don’t understand what the HOA and board role is. Just a few examples, we have been having discussions on the same topics for 2 years and when a decision is finally about to be made they all of a sudden re-question everything we’ve discussed at the very last minute. We have been discussing updating our rules for 2 years, and now again for the second time they are questioning why we are doing them/why do we have rules, why aren’t we just amending our decs, why do we have to follow local ordinances, actual response was - the HOA isn’t bound by any state or local laws.
They don’t believe anything our attorney says or anything management says.
I’ve spent 7 years doing my own research and even use this forum for a lot of information but they won’t do any of their own research.
We have also spent over 3 years trying to amend 2 things in our decs so this person is well aware of the challenge and cost associated with just amending them.
Any help other than just voting them off would be appreciated…they have already threatened to take legal action against the board once before … i
AugustinD
Posts: 3,698
Posted:
-- The secret to a successful meeting is to have an agenda and to stick to it.

-- The president (who presides) must always insist on sticking to the agenda.

-- The purpose of board meetings is, for the greater part, for the board to take action via a motion a second, discussion, and a vote. Secondary purposes are to hear out owners during a separate part of the meeting (usually) and to prepare for future votes via discussion of an agenda topic.

-- During the discussion section, impose a time limit for each director to address someone. Let the someone respond, with a time limit. Let the previous director rejoin exactly once, with a time limit.

-- All directors should ignore any bullsh-t from this director and simply vote your mind.

-- If your president is incompetent, this will not work.
KerryL1 (California)
Posts: 14,550
Posted:
I think he person is just one individual, yes? How about giving, her/him/they a "name"

How many are on your Board? Why don't you all simply make motions and vote to approve them if they've been beaten into the ground for years? what are the rest of you waiting for?

If your meetings are a mess, agendas aren't b being followed and directors can just blab about any ol' thing, you do need a new president who know who to organize an agenda, stick to it and, well. preside.
BenA2 (Texas)
Posts: 1,273
Posted:
The only way to deal with a difficult board member is to be familiar with the rules of order and follow them. If you are not the president, then you should encourage the president to do this. If the president is hesitant to follow procedure, then remind them every time that the board member is out of order, e.g., "we've discussed this to death, aren't we voting now?" I would even point out at a meeting that members should be familiar with Robert's Rules of Order (assuming those are the rules you follow) prior to coming to the next meeting. That is a subtle way of telling them that their ignorance is causing problems.

If you are following the law and procedures, you should not be concerned with threats of legal action.
ErinA2 (Illinois)
Posts: 30
Posted:
Thanks, I guess I am not clear - it’s not in meetings he has issues that’s part of the problem. It’s during the research phases for things and discussions (not voting) over emails at the last second when all of a sudden he has problems.
I was the president and still on the board - I do probably 95% of the legwork along with our property manager so example with our rules. We have been rewriting them for almost 2 years and literally 3 months ago as I wanted to confirm the finalized version to be voted on at the next meeting he came back with a list of ridiculous questions that caused all of it to be held up and he’s doing it again.
Now I am also working with other board members that aren’t very knowledge or helpful so the others aren’t necessarily just going to ignore his inquires because to them he may have valid point because they don’t know either.
He basically thinks the board isn’t doing anything correctly but he refuses to listen to anyone including the attorney or the property manager. And I honestly don’t have the patience to try and get 5 other people on board to vote him off.
If everyone is just suggesting to ignore this board member I don’t see how that is helpful either but I’m at a loss on what to do.
I guess I’m more on the side of trying to see if there is a more productive way to reach him vs just ignoring him.
ErinA2 (Illinois)
Posts: 30
Posted:
I have asked our property manager to talk to him, maybe she can encourage him to learn more about the board duties.
AugustinD
Posts: 3,698
Posted:
ErinA2, is this a condominium?

Do your Bylaws require Board meetings to be open to the owners?
ErinA2 (Illinois)
Posts: 30
Posted:
We are a master HOA in Illinois - yes they are required to be open. Can you elaborate what that would possibly change?
Residents don’t come either ;)
ErinA2 (Illinois)
Posts: 30
Posted:
One other question - myself and the current president will be resigning shortly. Our next election isn’t until July - would you suggest putting this in a newsletter to seek out interest now vs waiting until July? There would be enough others (4) for quorum until then but only if they all commit to showing up.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By ErinA2 on 01/10/2022 7:26 AM
We are a master HOA in Illinois - yes they are required to be open. Can you elaborate what that would possibly change?
-- I wanted to know whether the Illinois Condo Act or some other statute (for non-condo HOAs) applies, so I could identify the requirements for board meetings.

-- What does this change? It changes the following:
Quote:
Posted By ErinA2 on 01/10/2022 7:00 AM
it’s not in meetings he has issues that’s part of the problem. It’s during the research phases for things and discussions (not voting) over emails at the last second when all of a sudden he has problems.
Discussions are supposed to happen at open board meetings. If (and this appears to be a big "if" for your HOA) the discussions happen at open board meetings, then the president in theory can reign in this director.

-- I continue to think the problem is you do not have a President who knows how to run meetings, including ruling when discussion is over; when discussion by email will not happen; and when a vote will occur. This guy likely needs to be steam rolled, and your HOA does not have a president capable of doing this.

-- Questions about controlling directors come up all the time here. I think it's important to admit that what can be controlled is only the parameters of meetings. Which is actually quite a lot of control, with the right President.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By ErinA2 on 01/10/2022 7:00 AM

He basically thinks the board isn’t doing anything correctly but he refuses to listen to anyone including the attorney or the property manager. And I honestly don’t have the patience to try and get 5 other people on board to vote him off.
Was this director elected to the board by the owners? Or is he an appointee, appointed by the board to fill a vacancy?

If your Bylaws or state law allowed a Board to remove a director elected by owners, then this would be highly unusual.

Are you sure your Bylaws give the Board the right to remove a director elected by the owners?
ErinA2 (Illinois)
Posts: 30
Posted:
You are right, we don’t have anyone including myself to just steam-roll him.
Thank you for your input.
ErinA2 (Illinois)
Posts: 30
Posted:
You are right, we don’t have anyone including myself to just steam-roll him.
Thank you for your input.
ErinA2 (Illinois)
Posts: 30
Posted:
You are right, we don’t have anyone including myself to just steam-roll him.
Thank you for your input.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By ErinA2 on 01/10/2022 7:35 AM
One other question - myself and the current president will be resigning shortly. Our next election isn’t until July - would you suggest putting this in a newsletter to seek out interest now vs waiting until July? There would be enough others (4) for quorum until then but only if they all commit to showing up.
Anytime there is a vacant seat on the board, I recommend advertising this to owners, to give all an equal opportunity to apply to fill the vacant seat. Granted apathy runs high at HOAs.
AnnaJ1 (Maryland)
Posts: 95
Posted:
Grrr, how frustrating. What I would do is disseminate a "FAQ" of sorts to get in front of all of the so called new questions, ask if everyone is crystal clear, and then vote on the issue.

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