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BobD2 (Florida)
Posts: 1
Posted:
We have recently had a situation where an anonymous group of members has circulated a letter asserting some financial problems (liens, foreclosure notices) by our General Manager, and attempting to cast doubt on his ability to do his job. " Should our monies and Country Club be managed by someone who is not capable of managing his personal finances and blatantly disregards the payment of his debts".
The GM has been in place for 7 years and has always performed his duties in an exemplary manner and to the satisfaction of the Board.
My question is: does this letter constitute either harassment or the creation of a "hostile work environment", even though written by members and not management.
I believe it is causing undue stress on our GM.
What can we do?
BrianB (California)
Posts: 2,820
Posted:
granted, the courts are whacky on the "hostile work environment" issues, and only the FSM knows what a judge will rule next constitutes harrassment in a workplace, but IMO, no, a letter from members about someone else doesn't make a hostile work environment. My first arguement would be to define the board members "work environment"...does he have an office space? Do these harassing people come into it?

MaryA1 (Arizona)
Posts: 7,043
Posted:
Bob,

I think the board should just ignore the actions of this mean-spirited group of individuals. You state yourself the GM has always performed his duties in an "exemplary manner and to the satisfaction of the Board", so why would you now question his capabilities to manage his private finances based upon these unsubstantiated allegations? IMO, his personal life has nothing to do with his job performance.

Since the letter was directed to the GM, it's up to him to decide if it constitutes harrassment and whether or not to do something about it.
DonnaS (Tennessee)
Posts: 5,671
Posted:
Bob,
I agree with the other posters. The association members who are so low classed that they are circulating a leteer instead of doing an inquirey in a proper manner, don't deserve much attention from Board .
"Anonymous" is the key issue here. If they don't have the courage to sign and have documentation and proof of any accusations, then - Pheuff!! I would find the circular file with their means of communicating. This is not a hostile workplace issue but it certainly is causing stress and hard feelings for your G.M. She answers to the Board, not the rogue bunch of cowards.
BradP (Kansas)
Posts: 2,640
Posted:
Bob:

If the letter is directed to the GM, let them deal with it...if it is directed at your board then address the situationas you already said, he has performed a great job for 7 years and thorough review of his work leaves no question about his ability.
PaulaM (Florida)
Posts: 7
Posted:
I disagree with all of you!
Here you have a loyal employee, that has worked in the associations best interest for seven years.
Now the community has a bunch of petty individuals slandering and demeaning the manager.
Is this how you would want to be treated?
Darn right you would not. And it appears that at least one other person feel the same way.
The Board should take the point of defending the Manager and his/ her actions for the community.
Public records are just that however using said information may result in defamatory
recourse on the part of the manager.
Yes these people are cowards, if they do not add their names than they are cowards and more.
The undue stress may result in legal actions against the Association and it's members for not taking actions.
This is not an area for managers this is a legal area and should be addressed by specific attorney's.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Paula,

I have to say that once you run an association or deal with many matters similar, you will find that the last expense any Board or association wants to deal with is to pay an attorney for basically a matter that can be handled from within. Boards should not call the attorney for any matter unless it is for advice on how to handle this. Sorry! but I've been there and done that with our own Board and 2 goof balls who wanted to do things their own way
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By PaulaM on 05/12/2008 12:08 PM
I disagree with all of you!
Here you have a loyal employee, that has worked in the associations best interest for seven years.
Now the community has a bunch of petty individuals slandering and demeaning the manager.
Is this how you would want to be treated?
Darn right you would not. And it appears that at least one other person feel the same way.
The Board should take the point of defending the Manager and his/ her actions for the community.
Public records are just that however using said information may result in defamatory
recourse on the part of the manager.
Yes these people are cowards, if they do not add their names than they are cowards and more.
The undue stress may result in legal actions against the Association and it's members for not taking actions.
This is not an area for managers this is a legal area and should be addressed by specific attorney's.

Why draw attention to something that really isn't an issue? The only thing the Board should do is give a private and public show of approval for the GM. At this point addressing the allegations or "junk" as I like to call it just adds fuel to the fire that these people are trying to start.

All that matters is the person is doing a good job and if so the board should publicly acknowledge that and move on. Getting a lawyer involved doesn't do anything, at this point what damages has the person suffered?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Not sure that I understand: Is the GM a resident of the HOA, and is having financial problems that include foreclosure? Then his personal finances are of no one else's business. . . . and the "anonymous" group needs to be told that.

On the other hand, if this person is a resident, is he up to date with assessments and/or dues? If not, then there should be some concern coming from the Board.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Susan,

There was no indication from Bob that the GM resides in the community. I get the impression he is the property manager; not a resident. But, even if he is a resident, his personal finances are of no concern to anyone, board included.
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By MaryA1 on 05/12/2008 2:56 PM
Susan,

There was no indication from Bob that the GM resides in the community. I get the impression he is the property manager; not a resident. But, even if he is a resident, his personal finances are of no concern to anyone, board included.

MaryA1

I agree with you in the fact, that I too don’t believe that the GM is a resident of the association. However, “IF” he is a resident, I feel that the board SHOULD investigate those remarks. Otherwise, (IMO) his financial affaires shouldn’t be of any concern to the association. Although, it certainly does look as though the board isn’t defending the accused or agreeing with what was written, thus far. THAT’S WHERE THE MISTAKE LIES. These may be early signs that should be verified.

As a member I wouldn’t be easily influenced into believing “hearsay”, before gathering adequate information needed to make a clear and decisive decision at my own leisure.

Your last statement troubles me considerably. That’s like having an alleged child molester (others have informed you of his sexual preference) as YOUR baby sitter, even though he has done a wonderful job for seven plus years, ONLY YOU ARE AWARE OF HIS CURRENT PERFORMANCE. Unfortunately, even “IF” he is the greatest babysitter you have ever hired. You would still want to “clear” his name. Due to the fact that you hired him therefore; you look as though you made a poor choice and have endangered your child and possible your family.

The board looks (to the members) as though their opinion/views aren’t relevant. If these claims are indeed truthful, then the appropriate course of action should be taken. I believe “IF” left to the members, unfortunately, they will draw their own conclusions, based upon personal experiences. Which the majority of the time isn't always good!

I would follow all this up with a notice or bulletin (to the entire community) verifying or falsifying those specific claims distributed earlier.
That’s just my opinion though.

Best of luck and keep us posted.

Chuck W

Charles E. Wafer Jr.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Chuck,

Equating this situation to hiring a child molester as my babysitter is really off the wall! This is an example of malicious gossip, nothing more, nothing less; which, IMO, the board doesn't need to get involved in. If the board were to concern themselves with every bit of gossip that circulates through the neighborhood, they may find themselves with not enough time to perform their "real" duties. The people circulating this gossip want attention. When none is given they, most likely, will go away. Only if they persist and are successful in getting the whole community in an uproar, should the board get involved by issuing a letter informing the members the allegations are unfounded. IMO, the worst thing the board can do at this time is play into their hands.
KarenS11 (Florida)
Posts: 148
Posted:
My thoughts:

It's an anonymous letter suggesting that your GM may not be handling your finances properly due to alleged unrelated issues. Sounds like a grudge to me.

I would not send or post a response. That just lends credence to it and will encourage more anonymous challenges about other things in the future. Ignore it.

I also would review your finances. Not because I think he is doing anything improper, but so you will have a record of having followed up even though the notice was anonymous.

If anyone contacts you about the letter, just let them know that you have looked into the anonymous complaint and the allegations have proven to be groundless. Prepare a canned e-mail to this efect and use it for any e-mail inquiries that you may receive. Make sure to include somethng along the lines of "after performing our due diligence, the Board has determined that the concerns of the anonymous writer are groundless."
DonnaS (Tennessee)
Posts: 5,671
Posted:


How do you send a response letter to "anonymous? A response to them is allowing them to be reccognized and I would never give them the satisfaction of that. Now if they sign the letter and have legitimate type questions, that is a different story and should be answered. If your Board and Treasurer are doing their jobs, they should know how the association finances are being handled. I have seen so many postings where a Treasurer is sitting on his hands, not knowing what and where the money goes when a P.M. is taking care of the daily finances. "Treasure" means that you handle the finances, be it physically or otherwise so if there are questions on where the money goes, the Treasurer is responsible for the answers.

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