HOAleader.com - Tip of the Week - June 4, 2010

Published: Fri, 06/04/10

HOAleader.com - Tip of the Week - June 4, 2010
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How to Stand Up to Bully Board Members

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In response to a question from a member on the HOAleader.com
discussion forum, this week's tip provides real-world advice for
knocking the dictators on your board down a few pegs.

James R. McCormick Jr., a partner at Peters & Freedman LLP in
Encinitas, Calif., who represents associations, is currently
advising two associations on the issue of bully board members.

"I had a meeting yesterday with a board with a member who has
physically grabbed other board members," he says. "And I have a
meeting tonight with a board with a similar situation. It's
really tough."

McCormick says bullies come in two types. "One will actually take
action, and the other, who is usually more prevalent, will back
down when confronted," he says.

"But you don't know going into it what type of person you're
dealing with. In my current situation, I've never met the people,
so I don't know which they are. We can try to cut them out of
board activities, but I don't know how they'll react."

Therefore, you must tread carefully. Check your state law and
governing documents. If they permit, your first option should
be to use the power that many boards don't realize they often
have--knocking the board member down a post from an officer to
a director position.

"In Florida, the board of directors determines who serves as
officers," says Lisa A. Magill, a shareholder and association
attorney at Becker & Poliakoff PA in Fort Lauderdale, Fla.

"If you have a president, treasurer, or other officers going
rogue, you can always remove them from office. They'd be removed
from office but still remain a director. So if they're signing
contracts or issuing purchase orders, they won't have that
authority."

That's just one way to beat back bullies. For more ideas provided
by our expert contributors, see our new article:
http://www.hoaleader.com/members/440.cfm

Best regards,
Matt Humphrey
President

P.S. Confused about the difference between the roles of officers
and directors? Get the details in our exclusive special report:

HOA Leadership Roles and Duties:
A Guide to the Positions of President, Vice President, Secretary,
Treasurer, and Board Member in Condo and Homeowners
Associations

Members can download a copy here:
http://www.hoaleader.com/members/375.cfm

Not a member yet? Sign up for a free 7-day trial and then
download your copy: http://www.hoaleader.com/details.cfm

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Recent articles posted at HOAleader.com:

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Discussion Forum Follow-Up: Reining in Bullies on Your HOA Board

A reader on the HOAleader.com discussion board asks: "I am on the
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wild and not following any of the bylaws or CC&Rs..." Here, we
provide tips for handling secretive, power-hungry board member
tactfully yet effectively.

Click here to read full article:
< http://www.hoaleader.com/members/440.cfm >

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Click here to read full article:
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Click here to read full article:
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Click here to read full article:
< http://www.hoaleader.com/members/435.cfm >

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Click here to read full article:
< http://www.hoaleader.com/members/431.cfm >

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Click here to read full article:
< http://www.hoaleader.com/members/428.cfm >

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