JoyH
(North Carolina)
Posts:13
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| 06/12/2008 4:22 AM |
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| I have a community with 3 board members. On more than one occassion 2 of the board members have made a decision and the 3rd member who didn't agree had gone behind their back - directly to the ownership and provided them with mis-information that leaned towards his ideals. He didn't provide them with all the information on one occassion and now he is taking it upon himself to be the manager. Since I have not had this experience with a board before - I could use some advice. |
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SusanW1
(Michigan)
Posts:2116
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| 06/12/2008 5:13 AM |
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No member of the Board or of the Association can act in the name of the association without the approved direction of the Board.
Bring his actions to the attention of the other Board members.
I don't know what "manager" means, but if he is making decisons without direction from the Board, he is really doing it illegally, especially if he having work done or committing Association monies. It would be like you going out and acting like you own a Starbucks or other company. Just can't do it! |
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JoyH
(North Carolina)
Posts:13
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| 06/12/2008 6:57 AM |
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| How do you get the other board members to understand that this should not be taken lightly. |
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BrianB
(California)
Posts:1731
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| 06/12/2008 7:20 AM |
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You can lead a horse to water, but you can't make it think.
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MaryA1
(Arizona)
Posts:2156
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| 06/12/2008 7:28 AM |
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Posted By JoyH on 06/12/2008 6:57 AM
How do you get the other board members to understand that this should not be taken lightly.
Joy,
Good question! Are they people capable of thinking for themselves or are they people content to let others do the thinking and just go along with the flow? If the latter, it will be an uphill battle and one that you may never win. Some people should never serve a board members. All you can do is try to persuade them that all three of you should be making the decisions as a group instead of allowing one member to act for all of you. If something is done illegally ALL of you will be liable not just the one person who made the decision. |
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JamesC
(Maryland)
Posts:128
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| 06/23/2008 5:57 AM |
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Posted By SusanW1 on 06/12/2008 5:13 AM
No member of the Board or of the Association can act in the name of the association without the approved direction of the Board.
Bring his actions to the attention of the other Board members.
I don't know what "manager" means, but if he is making decisons without direction from the Board, he is really doing it illegally, especially if he having work done or committing Association monies. It would be like you going out and acting like you own a Starbucks or other company. Just can't do it!
Susan:
What if there is a sign at the entrance of the community that says, Private Proprty "No Solicitation" of any kind?
Does that not give the right to any, and all homeowners of the Association to stop anyone vendors from coming into the community, without having to get "The boards approval?"
Jim
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BruceF1
(Connecticut)
Posts:525
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| 06/23/2008 7:17 AM |
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Posted By MaryA1 on 06/12/2008 7:28 AM Posted By JoyH on 06/12/2008 6:57 AM
How do you get the other board members to understand that this should not be taken lightly. Joy, Good question! Are they people capable of thinking for themselves or are they people content to let others do the thinking and just go along with the flow? If the latter, it will be an uphill battle and one that you may never win. Some people should never serve a board members. All you can do is try to persuade them that all three of you should be making the decisions as a group instead of allowing one member to act for all of you. If something is done illegally ALL of you will be liable not just the one person who made the decision.
Not always true.
It depends on the corporate law in your state (assuming the HOA is incorporated).
In Connecticut, for example, a board member who acts on his/her own outside of board decisions is individually responsible; not the entire board. The entire board can be held responsible for board decisions, unless the minority member or members record their objections in the minutes. CT courts have held that to uphold this, the individual votes of each member must be recorded in the minutes for each vote taken. Thus, if at a board meeting, 2 members vote one way and another votes differently, then later goes out on his own and acts independently, he is on his own and is singularly accountable for his actions. |
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RogerB
(Colorado)
Posts:3693
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| 06/23/2008 7:46 AM |
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| Joy, this needs to be discussed at a Board meeting. Then the Board needs to establish Rules of Conduct for Board members. Include a statement that all individual Board member's actions which represent the Board must have prior approval of the Board. The unilateral actions by this Board member should be censored. Let them know that they can be held legally responsible for such actions; and D&O insurance nor the Association will not cover some such actions. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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NicoleO4
Posts:0
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| 06/23/2008 7:52 AM |
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| I am with Roger on this one. We had individuals speaking for the board acting as a board of 1 not of 7. It changed with the new board, but with some lingering behind old members still on it has been a challenge. Nothing is done now without the boards knowledge... and approval. Anything else is NOT backed! |
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JoyH
(North Carolina)
Posts:13
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| 06/24/2008 11:28 AM |
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| Thank you everyone - all great advice. Now to convice the board how to be a boar. |
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TonyM3
(Arizona)
Posts:131
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| 06/24/2008 12:58 PM |
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Posted By JoyH on 06/12/2008 4:22 AM
I have a community with 3 board members.
What is your relationship to the HOA? Are you under contract as the property manager?
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JoyH
(North Carolina)
Posts:13
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| 06/24/2008 1:21 PM |
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| I am the manager. We have had many issues with the board and I'm trying to decide if can get them to fly straight or if I need to resign. I'm not a quitter, but I hate that nothing ever seems to get accomplished. I usually have 2 of the board members support - but the one that seems to obstain's wife starts other issues. |
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