MC accepts Directives from one board member without board approval

I would appreciate comments on this.

A board member tells the MC to take an action that is not a routine maintenance item. It is to permanently close one of two pedestrian entry gates. The board had not discussed this, so there was no resolution by the board to take this action.

The MC actually had the least-used and least-convenient walk in gate welded closed, and the combo lock still remains.

People try to use it and can't figure out why it won't open.

So now the kids will wait until a car comes in and go out the auto gate. When the kids or adults walk in, they now go to the intercom post, open the automobile gates and walk in. That puts a lot of unnecessary wear and tear on two expensive gate opener motors.

Sit takes a board resolution to have this type work done, and since there was none, I believe the MC should have told the board member giving her the directive that this action required board approval and consequently she could not order that work.

This MC does not do a professional job, in my opinion, and should be replaced. There are many other things that this MC does which are not according to procedure.

There have been two other cases recently where the MC took a directive from an individual and I complained about it but all I got was an accusation of holding up progress. I want to know if others agree that it is wrong for an MC to accept a directive from individual board members without having the board debate and approve a resolution for the work, other than routine and emergency repairs.

Because procedures are not being followed, a mandatory Audit was not performed in 2005, and I do not believe one was performed in 2006. I will find out in July when it must be completed, if done.

The MC is supposted to keep us out of trouble, and the contract calls for them to assist us in obtaining an audit, so they are certainly not helping to keep us out of trouble.

When directives are accepted by the MC and acted on without board approval, then that person is creating a situation where board members are pitted against one another simply because proper procedure was not followed.

I am a new board member, and enough of the incumbent board members are ok with whatever this MC does. Because of thatI do not have enough votes to ger this person removed from assignment to our board.

What other avenues do I have to get the MC company to remove this person and assign us another ?

Thanks,

Bill

Roger,

The docs require an annual audit by a public accountant. I meant the 2004 year was not audited in 2005 and the 2005 books have not been audited. There has been no mention of the 2005 audit so I am assuming they aren't being audited, and won't know for sure until the deadline for providing us with the audit, which is the end of July.

The agreement does not specify who is authorized to give directions.

However, the MC is at all of our (quarterly) board meetings, acts as chairperson and takes the minutes, and knows what resolutions have been passed. Any directive such as permanetly closing a walk in gate would not be something that an individual could direct without a resolution.

I agree that the board member who is giving these directives is causing a problem but I would think that the MC who is supposed to guide the board, help them understand procedures, and keep the board out of trouble, would stop the member and stated that the board did not make a resolution to permanently close those gates.

Thanks,

Bill

I agree with you Bill. In your situation the MC should advise the Board member on the proper procedures to follow and refuse their request.

I appreciate all the comments.

Bill