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LindaL7 (Oregon)
Posts: 6
Posted:
One of our board members is angry and refuses to talk to 3 of our 5 board members, including the chair. What can legally be done in a situation like this?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Linda,

Nothing legal that I know of. However, the one board member she IS talking to needs to have a little talk with her and let her know the board will be asking for her resignation if she continues with this "silent treatment". If she isn't entering into discussions on action items, etc. then she serves no purpose on the board.

Board members need to get along; squabbling among themselves does not promote a very good image to the community that they have obligated themselves to serve.

Frankly, I can't even imagine why this person would want to remain on the board if he/she only gets along with -- and talks to -- 1 of the 5 board members.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Exactly Mary, this a perfect case of needing to grow up and behave as a responsible adult. A Board is no place for temper tantrums and the silent treatment. As her colleage, I would tell her to either get back into the program or resign. Another case of someone needing a wack in the head.
LindaL7 (Oregon)
Posts: 6
Posted:
Yes, I agree that he (interesting you both assumed a "she" )needs to set a good example. We just went through a contentious election and one of our main goals is to create an environment where people can discuss differences and learn to compromise. I am concerned that his attitude and behavior will be a detriment to any progress. However, if he is asked to resign, but refuses, then we have a whole new problem to deal with - one that will put us back where we were before the election, with people taking sides, spreading rumors, etc. I have yet to research any rules or laws that may deal with this issue. If anyone is aware of any, I'd love to hear from you. Also if anyone has dealt with a similar situation perhaps you could share your strategies. Thanks
MaryA1 (Arizona)
Posts: 7,043
Posted:
Linda,

Just tell him that if he doesn't either shape up he will be asked to resign. And, if he doesn't resign then the BOD is prepared to proceed with a recall and the member's can decide. THat should cause him to either change his ways or resign. The reason for the recall would be that he cannot get along with 3 of the board members making it almost impossible for the board to conduct the business of the association.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
We had a case on our POA. The Board member talked too much and no one could get anything done. He was asked, then noticed and the Board did a recall and the members voted him out, not the Board. He left the board and a new person was selected to replace him. I would assume you could also have the members vote for a new director at the time he was booted off. Actually the guy was a knowledgeable man, that just would not put the association, as a whole first, and argued about everything, he seemed to have a compulsion to talk about stuff until he was ineffective and caused disruptions.
SusanW1 (Michigan)
Posts: 5,202
Posted:
What do you mean, "won' talk" to anyone?

That board member has no obligation to talk to anyone about HOA business other than at a meeting.

LindaL7 (Oregon)
Posts: 6
Posted:
When we have our first meeting since the election this week, we'll see how dialogue goes. He replies to emails through the only board member he will talk to, but I don't believe that board member will probably want to continue being a conduit in this kind of situation. There are certainly times when board members need to exchange information between board meetings, not to mention showing professionalism and setting an example for how to work together in a community. My feeling is people who want to be community leaders should display good interpersonal skills, or step aside for someone who will.

AnnaD2 (Florida)
Posts: 960
Posted:
Linda I'm just curious if this person WILL speak to the other board members DURING a meeting? Or does he just not speak to board members between meetings?

I personally don't care to speak with other board members between meetings (though I will). We swap information between meetings on a weekly basis; mostly through e-mails. As the secretary/treasurer I personally deliver to their doors reports, unapproved minutes, agendas, etc.

I do work for my association almost DAILY....but I do it on MY time; when it's convenient for me. That is usually between 4 & 6 A.M. before I go to work. Not to sound rude but I DON'T want to talk to other board members when I get home from an exhausting day at work; or on my one-day-in-a-row day off on Sunday. Especially when I spend hours each week gathering information and doing paperwork for the Association.

Is it possible this board member doesn't want their position to consume their entire life?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Anna,
I know this is out of the park Anna, but it just flashed like a strobe light on my screen. I hope I am wrong envisioning you out alone at 4 am delivering correspondence or some such. Just seems like a very bad idea to me........reconsider.
AnnaD2 (Florida)
Posts: 960
Posted:
Oh Robert---you're too funny, but very thoughtful. No, I do my paper/computer work between 4 and 6 a.m.; in the house. I deliver papers on my way to work---in the daylight.

But I do unlock our community laundry room every morning at 7:00 a.m. I'll sure be glad when it gets light earlier!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Anna,
You are too young to remember this but there was a Radio program, before TV, called Fibber McGee and Molly. Regards you running around the neighborhood in the dark. When Fibber would do something or say something that struck Molly as not very smart, she would say to Fibber, "Tain't funny McGee." I have lived at my condo for over 20 years, never had any real criminal activity, but I would tell you the same thing here.

You have been properly chastized now, so you should sleep better. You should also realize I have a way of sticking my mnose in other people business, but all that aside, I find your posts helpful, informative, and a nice fresh, relatively new voice, on the site. Keep up the good work and I might adopt you. Have you all thought of a combination type lock for your laundry room? See, this is what I mean.....I am nosy.
AnnaD2 (Florida)
Posts: 960
Posted:
Robert, I do not wish to hijack Linda's original question. I'm going to start a new topic about locking the laundry room. Stay tuned!
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By AnnaD2 on 02/28/2010 1:09 PM
Linda I'm just curious if this person WILL speak to the other board members DURING a meeting? Or does he just not speak to board members between meetings?

Could you see the minutes?

The chair asked Sally to ask Carl how he voted on the issue of hiring a new landscaper. Sally told the chair that Carl voted no. The chair then asked if there was a motion to close the meeting. Paul motioned to close the meeting and Sally said that Carl said that he seconded the motion. All speaking members voted aye and Sally said that Carl voted aye also.

Studies show that 5 out of 4 people have problems with fractions
LindaL7 (Oregon)
Posts: 6
Posted:
Yeah, I was kind of thinking it might be something like that. Well if we get everybody to laugh, maybe we'll get back to being normal. That is, if there is such a thing as normal in "condo-life." Well tomorrow's the meeting and we'll see how it goes. Thanks for the input.
AnnaD2 (Florida)
Posts: 960
Posted:
Linda please let us know how it goes tonight!
JamesC (Maryland)
Posts: 282
Posted:
Check your doc's.

The Board "CANNOT" remove another member of the board, unless they brought them on the board as a fill in.
A member elected by the Association at the Annual Elections can only be removed by recall brought by the homeowners.
Maybe the lone member of the board is discouraged by the inaction to serve the community by the others.
Our current board members are probably the most disfunctional group of homeowners I have ever seen to volunteer to serve on the board. This May, we plan on getting rid of three, and next year it will be three more.
Our current board has done "NOTHING" in the past two years for our community.
We are fortunate to have quite a large amount of homeowners at our monthly meeting, and last week the board received a thrashing. Not one homeowner was in support.
It did not seem to have any effect, because they are too dense.
May, should begin a cleaning process.
The person you are talking about in this instance probably has a very good reason for the attitude they have taken, and they will stay on the board out of dedication to the community.

Jim;
LindaL7 (Oregon)
Posts: 6
Posted:
Well, the disgruntled board member was friendly and open and we had a great meeting with several homeowners in attendance. He made no mention, or no apology. As long as we can conduct meeting, none needed. Thanks for all of your replies.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Linda,

Just out of curiousity, what happened to make him change his ways????
LindaL7 (Oregon)
Posts: 6
Posted:
Nothing from our end. We left him alone. I guess sometimes it just takes some decompression and time to consider. Unless...there's a hidden agenda.

No, don't think I'll go there.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Linda,

Or maybe he was just having a "bad hair day" and didn't feel like talking to anyone! At any rate, it's good to hear that everything is OK now.

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