Board interpersonal issues

Started by MjO • 6 replies • 1195 views

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MjO (utah)
Posts: 10

Posted:

Any advice on handling interpersonal issues between board members? This question should have a simple solution but the person causing the core problem is not listening.
The board has been through several interventions and board members have asked the person to cease the attacks during mtgs and other board functions. Board has been unsuccessful to remove the person from an officer position because the person was able to vote "no" on their own removal and of course the person refuses to resign. The person does not follow policies and ignores the facts when presented, wants to be the "keeper" of information rather than sharing information with the entire board, does not embrace having homeowners at the BOD mtgs....I think you get the scenario. Does this look like a situation that needs to run its course and wait for the person's term to end?

TammyO3 (Texas)
Posts: 46

Posted:

There is one in every HOA BOD! Our actually had a recall election per the CC&R's a number of years back.

You can forcefully remove someone from the board.. but it takes the majority of HOME OWNERS via our CC&'s.

Take a good look at yours. If you need a recall election read the fine print, consult your HOA atty and move forth.

( Hell our flighty BOD member actually thought we would pay for some personal expenses he experienced during a project! He wanted reimbursement for items not of use, but he "wanted"! That bozo thinks he can *snap his fingers and it happens... one in every crowd.

GloriaM (North Carolina)
Posts: 829

Posted:

MJO:

Read your Bylaws, although the board might not be able to remove this board member, you Bylaws may allow the board to demote them to a non-voting position.

This may not be the case but I have seen some Bylaws that allow for this type of action from the board.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

We just had our Annual open meeting today. The only open meeting of the year. A Board member walked into the meeting, handed a letter of resignation to the President and sat in the audience and disrupted the entire meeting. Threats were made, yelling and nasty words were hurled back and forth, little business got done, and I heard one owner say we should have A Security Officer at our next annual meeting, the only open meeting of the year.

But look at what happened. This Board Member certainly must have had differences with the Board during the year, if the regular meetings were open it is likely some of this could have been ironed out during the year at regular meetings. Certainly the BOD was fully aware of the friction and should have taken steps to short circuit this demonstration. I don't blame the BOD because of this individual but I do blame the Board for not solving the problem before the only meeting that they allow to be open. I also suspect some members on the BOD were not comnfortable with their documents that in many instances give the president the authority to insure peace and harmony and a call to the police or security officer is all it takes to have peace restored, albeit the absence of the antagonists.

DonnaS (Tennessee)
Posts: 5,671

Posted:

And besides that, why would a person who is the subject of a vote, be able to vote on the removal of himself? DUH!! I think that a "recuse myself" from the vote was in order. If not, just dissallow his vote.

HaroldS (Arizona)
Posts: 906

Posted:

Well Donna - he appareantly wasn't the only "no" vote. I think I've mentioned before, unless there are specific rules about reclusing yourself, Roberts Rules treats small boards like commitees which allows all borad members to vote on all matters. This includes the often thought non-fact that presidents can only vote if there is a tie. We have a female in our HOA who always votes on items concerning herself, frequently tipping the scale in her favor.

SusanW1 (Michigan)
Posts: 5,202

Posted:

MJO- your presiding officer needs lessons on how to run a meeting. HE/she can declare a member out of order and request (demand) that person leave the meeting. I hope the President has had at least one private discussion with this person, and given a warning. The Board can also go into Executive Session, and instruct this person not to attend (by majority vote of the Board) with the purpose being to discuss the behavior of a certain board member.

Robert - the basic right of any member is the right to vote. Aside from the "member in good $ standing" rules of exclusion, ANY member is allowed to vote, even if the issue is about himself. There are certain circumstances (in a hearing situation) when the member is not allowed to vote, and those are listed in Roberts Rules under Chapter XX.(Removing A Member)Other than that, a member can vote for himself in an election and other situations where his/her welfare is at stake, as a part of the voting membership.

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