HOAleader.com - Tip of the Week - September 11, 2020
Published: Fri, 09/11/20
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Sound Familiar? HOA Board Members At Odds, and the Battle Escalates Quickly
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In this week's tip, we address a messy board situation that involves an HOAleader.com reader posting information to "out" the allegedly bad behavior of his board colleagues and those colleagues responding by bringing in the association's lawyer to silence the board member.
The questions for our experts are the best way for each party to handle disagreements and whether this board member can sue fellow board members individually.
Let's start with this: Because we don't know what this ruckus is about—the specifics of what was done, then what was made public, and finally whether that's truly confidential, we have no idea who's right in this situation.
We're more interested in how this board got to this place.
"I have this exact situation going on," says Hal Barrow, founder of Barrowlaw, a suburban Philadelphia law firm that has represented hundreds of associations. "It's an ugly situation."
But Barrow says boards shouldn't get to this place if they're doing their job. "All of those board members need some education on how boards work—as a unit," he argues. "No one board member has greater authority than any other. They may have different roles to fill, but none have greater authority than the others.
"Boards work best when they work as a team," he adds. "The best practice is for a board to thrash things out among themselves, and I use the word thrash on purpose. If there's an argument to be had, have it before the board. Then once a decision is made, all board members should support it. People think they get elected to represent a particular interest group in a community, but that's not the way boards are supposed to work. Community association boards aren't like Congress. Boards should be all for one, one for all."
Very true, says Daniel J. Miske, CCAL, a partner at Husch Blackwell in Milwaukee who represents 650 associations at any given time. "The board is supposed to be acting as a whole," he notes. "Some board members tend to view themselves as, 'I'm the savior of the association' as opposed to, 'I'm supposed to be working as a member of a board.' The board doesn't act by individuals."
So where did this board go awry, and what can it do now? Our experts have many thoughts. Read them in our new article:
https://www.hoaleader.com/members/4189.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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COVID-19: The Effect of Shutdowns on Condo/HOA Water Supplies
Buildings that have been closed may be breeding grounds for illnesses. A reader has asked us to check it out: "I'm an HOA board member, and we've had our clubhouse facility closed for the past three months. I just read that idle water systems (pipes, tanks, etc.) might be breeding grounds for Legionnaires' disease. Have you heard of this, and, if so, do you know of any actions we should be taking before we open the clubhouse again?"
Click here to read full article:
https://www.hoaleader.com/members/COVID19-Effect-Shutdowns-on-Condo-HOA-Water-Supplies.cfm
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Would These Twists on Political Signs Still Violate Typical Condo/HOA Policies?
The vice president of the Camino Ramon Terrace HOA in California has a Black Lives Matter and an anti-Trump sign in her car. The HOA sent an email notifying her that the signs aren't permitted in the HOA and must be removed. Her response? The HOA has no control over signs in cars parked in the HOA. Is she right?
Click here to read full article:
https://www.hoaleader.com/members/Would-These-Twists-on-Political-Signs-Still-Violate-Typical-Condo-HOA-Policies.cfm
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What Condo/HOA Boards Can Glean from an Iowa Emotional Support Animal Case
The Iowa Supreme Court recently sided with a woman who sued her landlord for allowing a tenant to move in to another unit in the building with an emotional support animal. That's despite the building's "no pets" policy and her severe allergy to animals.
Click here to read full article:
https://www.hoaleader.com/members/What-Condo-HOA-Boards-Can-Glean-from-Iowa-Emotional-Support-Animal-Case.cfm
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How Not to Get Hauled Into Court Like This Condo Has
A Florida condo in Florida and its manager are now defending a class action lawsuit alleging a violation of the law after they released the names of owners who were behind on condo assessments. Here, we discuss the case and the broader questions that arise from publishing deadbeat lists.
Click here to read full article:
https://www.hoaleader.com/members/How-Not-Get-Hauled-Into-Court-Like-This-Condo-Has.cfm
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Does a Condo/HOA Have a Heightened Duty to Get Permits and Use Licensed Pros?
Perhaps this article should be tagged under the "we shouldn't have to say this, but…" category. An HOAleader.com reader asks: "Has anyone had an experience where a board of directors knowingly allowed the property manager to undertake multiple large projects at the HOA without using properly licensed professionals and without obtaining permits? The three projects involved masonry, hardscape, sidewalk; roof repairs; and landscape overhaul with a total budget of about $200,000.
Click here to read full article:
https://www.hoaleader.com/members/Does-CondoHOA-Have-Heightened-Duty-Get-Permits-Use-Licensed-Pros.cfm
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