Board member misconduct against board member

[mikessister]

I am a board member (1 of 5) - three new board members continue to verbally harass, and defamed – they scream insults at board meetings and in public. They post notices about work to be completed in the association but add negative comments such as this should have been completed 15 years ago. They make outrageous comments without merit simply to defame. They meet outside of board meetings - they have meet with vendors and changed work orders. They have had work done to their personal benefit. They do not communicate with the other two board members. They even changed the normal board meeting to ensure they had quorum. I have documented the verbal harassment in a letter to the board and to the association attorney but as they have quorum I expect nothing to happen. What are my rights as a board member? What can I do to force their compliance with the CC&Rs and the laws of Calif? There are laws about workplace harassment, are their similar laws for board membership?

I do not know what my recourse is nor how to solve this problem with board members who believe they are above the law because they form a voting block.


What is the name of your state (only U.S. law)? Calif

[HomeGuru]

Originally Posted by mikessister

I am a board member (1 of 5) - three new board members continue to verbally harass, and defamed – they scream insults at board meetings and in public. They post notices about work to be completed in the association but add negative comments such as this should have been completed 15 years ago. They make outrageous comments without merit simply to defame. They meet outside of board meetings - they have meet with vendors and changed work orders. They have had work done to their personal benefit. They do not communicate with the other two board members. They even changed the normal board meeting to ensure they had quorum. I have documented the verbal harassment in a letter to the board and to the association attorney but as they have quorum I expect nothing to happen. What are my rights as a board member? What can I do to force their compliance with the CC&Rs and the laws of Calif? There are laws about workplace harassment, are their similar laws for board membership?

I do not know what my recourse is nor how to solve this problem with board members who believe they are above the law because they form a voting block.


What is the name of your state (only U.S. law)? Calif

**A: you need to be talking to the HOA attorney.

[mikessister]

Originally Posted by HomeGuru

**A: you need to be talking to the HOA attorney.

Thank you but I tried that. He did nothing except to say I should write a letter.

[HomeGuru]

Originally Posted by mikessister

Thank you but I tried that. He did nothing except to say I should write a letter.

**A: ok, so did you write the letter? If so, what was the repsonse?

[mikessister]

Yes, I did write a letter addressed to the board and the lawyer. The letter briefly documented the board members inappropriate behavior and her threatening manner. The letter should be in the next board packet. Our PM, because he was afraid to be in a board meeting without the 'keeper' of the verbally abusive board member, requested a date change. I could not make the alternate date and stated that, as we had quorum, we should retain the original date. The three now say the alternate date is the only time they are available. Again, they have quorum.

No one should have to made afraid to do their job, our property manager or volunteer 'board member'. No one should have to be afraid that this aggressive, hostile, verbally abusive person is going to become physical. This board member also continues to make wild accusations at every opportunity (in board meetings, in the common area, on signs).

Thanks again for any help, suggestions.

[BlondiePB]

Originally Posted by mikessister

Yes, I did write a letter addressed to the board and the lawyer. The letter briefly documented the board members inappropriate behavior and her threatening manner. The letter should be in the next board packet. Our PM, because he was afraid to be in a board meeting without the 'keeper' of the verbally abusive board member, requested a date change. I could not make the alternate date and stated that, as we had quorum, we should retain the original date. The three now say the alternate date is the only time they are available. Again, they have quorum.

No one should have to made afraid to do their job, our property manager or volunteer 'board member'. No one should have to be afraid that this aggressive, hostile, verbally abusive person is going to become physical. This board member also continues to make wild accusations at every opportunity (in board meetings, in the common area, on signs).

Thanks again for any help, suggestions.

If there are enough homeowners that are fed up with this BOD, follow your bylaws and have them (BOD's) recalled.

[HomeGuru]

Yes, I agree.

[mikessister]

Thanks for the support. The problem is that this person is only hostile to the board - she is just all sunshine to community. She constantly negates previous boards; all previous boards were negligent, wasteful, non-responsive, work for the management company, got special favors and took kick backs; she and her friends are here to save everyone. As they are unemployed they have a great deal of time to spend polarizing the community into camps . Its all very nasty.


They are now trying to ascribe blame to the previous boards (aka a witch hunt). It must be the previous boards fault that the association is in financial difficulty - they must have done something dishonest. It cannot possibly be due to the over $50,000 in unpaid dues. They are demanding that our property management company give them the last 15 years worth of landscape invoices. The new board members have been on the board 1 month and none of them have ever been on a board before nor have ever worked with more than a household budget.


With our current out-dated bylaws it is almost impossible to recall a board member. I decided that since our HOA attorney has not responded to my letter of harassment, I have made an appointment with private HOA attorney. I hate having to spend my money on this -- but I really don't know my rights or what our HOA attorney is suppose to do. I am generally the very quiet person in the back of the room but even we wall-flowers have a limit. I just have no experience with this level of hostility.

Thanks again for any advice.

[HomeGuru]

Originally Posted by mikessister

Thanks for the support. The problem is that this person is only hostile to the board - she is just all sunshine to community. She constantly negates previous boards; all previous boards were negligent, wasteful, non-responsive, work for the management company, got special favors and took kick backs; she and her friends are here to save everyone. As they are unemployed they have a great deal of time to spend polarizing the community into camps . Its all very nasty.


They are now trying to ascribe blame to the previous boards (aka a witch hunt). It must be the previous boards fault that the association is in financial difficulty - they must have done something dishonest. It cannot possibly be due to the over $50,000 in unpaid dues. They are demanding that our property management company give them the last 15 years worth of landscape invoices. The new board members have been on the board 1 month and none of them have ever been on a board before nor have ever worked with more than a household budget.


With our current out-dated bylaws it is almost impossible to recall a board member. I decided that since our HOA attorney has not responded to my letter of harassment, I have made an appointment with private HOA attorney. I hate having to spend my money on this -- but I really don't know my rights or what our HOA attorney is suppose to do. I am generally the very quiet person in the back of the room but even we wall-flowers have a limit. I just have no experience with this level of hostility.

Thanks again for any advice.

**A: there aer various things that can be done. If the HOA does not have any suggestions, find another HOA attorney. The Board can surely follow/adopt Robert's Rules, hire a parlamentarian to help run Board meetings, call the police etc.