When to get a lawyerl?

If a member of a board is threatened by one owner that they will vote a certain way on one item otherwise they will be sued, what alternative does the boad member have? Thru the HOA, can that board member hire a lawyer?

Alex,

People are notorious for making idle threats! If you know your vote is not in violation of the gov docs or state law, then you should not be intimidated by anyone into voting other than how you want. Just ignore this person. If they persist, then the Pres should ask that he/she leave the meeting or have them removed. If this member thinks he/she has cause for a legal action against you or the board, then let him/her take the necessary steps. IMO, it's just an idle threat designed to get your attention and "hopefull" do as he/she wants you to do.

Steve,

The only cause for a lawsuit would be if Alex knowingly voted to do something that was in violation of the gov docs and/or state law. Instead of threatening a lawsuit all the owner has to do is point out the law or gov doc provision that is being violated. Frankly, I don't think that's the case here. I think Alex was threatened by a member who "thinks" he knows what's best and likes to use scare tactics to get his way. People like that need to just be ignored.

Steve's correct.....straight communication with the property owner is best to hear his/her concerns.

Hi Alex,
Pardon me for jumping in here. If I remember correctly, you are a condo association. If so, please read the excerpt below from the Fl statutes…Chapter 718 which is below SusanW’s opinion to you. The statutes state that "Directors may NOT vote by proxy or by secret ballot at board meetings,except etc...."

Ann

SusanW1 wrote…
“By the way, you can motion for ANY vote to be by written ballot at a board meeting. Simply do that when the main motion is given. Ask to be recognozed by the chair and make another motion. This motion is voted on before the main motion.”

718.111 The association.--
(1) CORPORATE ENTITY.--
1(b) A director of the association who is present at a meeting of its board at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. A director of the association who abstains from voting on any action taken on any corporate matter shall be presumed to have taken no position with regard to the action. Directors may not vote by proxy or by secret ballot at board meetings, except that officers may be elected by secret ballot. A vote or abstention for each member present shall be recorded in the minutes.