Board Members

Started by ConnieS1 • 1 replies • 1351 views

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ConnieS1 (Washington)
Posts: 10

Posted:

We have a Board Member who sued another board member (the declarant) about a land issue nothing to do with HOA. This was done after our last board meeting was adjourned. These two member disrupt the meeting quite frequently and have to be reprimanded. Because this board member resigned as Secretary last time but wanted to be on the Board, he continued to take minutes and sent them out to the whole membership stating they were not approved board meetings, only he stated everything that was said in the board meeting and the executive session, word for word, only added his overtones and feelings which are against the declarant. Documents were attached which the board had voted not to send out because they were not factual information, but he chose to attach them to his minutes. Because he is still operating as a Board Member, was that against the fiduciary position of a board member? This has caused dissention between the home owners.

DanielH1 (California)
Posts: 482

Posted:

Yes, I would say it is against his fiduciary duty but you'll have a hard time using that to make him stop.

Depending on your Bylaws, the Board may be able to kick people off the Board with a simple majority vote of the Board. So, if other Board Members agree with you, you can just get rid of him with a simple motion and vote.

You could also make a motion and vote to have a Code of Conduct (for Board Member or for Homeowners, too) that forbids this behavior and make a set of fines for it. If he continues, fine him. He'll probably sue the Board, too, but, well, you'll have to decide if that's worth it.

You could talk to him and try to convince him to resign in favor of an impartial candidate who could be appointed.

Or maybe frustrate him to the point where he shouts, "I quit!" and you gleefully reply, "Resignation accepted!" (Long, interminable Board meetings with extreme attention to procedure and floods of e-mails every day about HOA technicalities can wear down even the most passionate activists.)

Sometimes, Board Members will just stop on their own when they realize that nobody cares about their whining.

If a majority of the Board does not agree with you or is unwilling to stand up to your problem Board Member, there's really nothing else that you can do.

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