Quote:
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.