ROGUE DIRECTOR

This director may be a problem, but here are the other problems that I see:

* The other directors who allow him/her to push them around.

* The membership who elected the director.

What these groups have in common is that they apparently want problems to go away without any effort on their part. Unfortunately for the others on the board, they can't choose their colleagues and have to find a way to deal with them effectively. (Also, by the by, the attorney represents the association, NOT the board. It may look similar in some situations, but the HOA attorney will not act as a director's personal attorney. And the attorney is in the same boat as the other directors: he has to work professionally with the board and has no say in who is elected. He can't tell the board what to do - in fact he has to do what the board tells him to do as long as it's legal.)

Anyway, what to do? Up to a point, you also have to find a way to work productively with the unpleasant director (and I say that as someone who has been in similar situations). If Rogue Director's actions are outrageous enough, then it may be possible to organize a recall-and-replace effort. But you'll have to convince enough owners that something like this has to happen. It can be a pretty high bar to clear - homeowners have to be convinced that RD's actions harm them enough to get them to take action. Unfortunately having a high percentage of absentee owners will work against that.

Lousy or incompetent colleagues just go with the territory, unfortunately. It isn't fun and makes a difficult job even harder. But it's what board members in general have to deal with.

I'm sorry you have to go through this.

The Assoc. attorney gave no opinions about RD's violations of Fl. statutes? Or of your governing docs? In Fl, this would have occurred in executive session, I believe, with the attorney present? And the attorney gave the RD a "verbal spanking?" Are the attorney's disciplinary remarks in the minutes of that meeting? Can you sketchily summarize them?

Who takes minutes at these various illegal meeting that RD puts together ?

Demi wrote: "In communications with this Director, their response to me is always written by an unknown party." I'm not grasping this. How do you know the RD is not responding to you her/himself?

Demi wrote: "This Director has gained the approval of the other first time board members to respond for them in writing and sign their names." This, to me, is very troubling. It seems you're saying the the RD makes board decisions, which legally must be made by votes in properly noticed open meetings in FL. Directors on Board must act on their own--they may NOT give up ("alienate")their decision-making authority (voting) to another director. Owners voted for each individual. "Proxies" are not allowed among HOA directors.

You might find more about this in your Bylaws. I'm thinking, with Cathy, that these directors have gone rogue, too, probably out of ignorance. They're, as corporate directors, in a position of trust-- a fiduciary relationship--with your HOA.

Your Bylaws DO require officers. They also state WHO may call meetings of the Board. Typically, it's the president or some combo of two directors.

FL requires some sort of education for HOA directors; have any of you complied with that statute? Is there a gentle way to encourage the new directors to take this training?? Maybe add a dash of fear

Well, my questions might seem like some kind of 3rd degree, but I'm trying to better understand your bad situation. I am afraid, that with no allies, you may have to see the services Elle recommends. I wouldn't advise it if you had even a handful of supporters, but you seem shut out, locked out, and quite alone.