HOA having problems with board member

Q: We have a board member who has a quick temper. You never know when he will go off or start a fight with someone. Most of us just walk away when this happens.

This board member recently had a text war with one of our vendors and told the vendor that if the problem was not remedied, the board would end the contract. The landscaper was rude in his response, which was not right, but understandable.

There’s nothing we can do about the board member being mean. Some board members have tried talking to this director who generally just blows up. One of our problems is that he does really work hard for the association. The problem we’re having is that this time the board member made it seem like the board was backing the text messages to the vendor.

We have a rule that you only represent the board if we decide it in a meeting or if it’s an emergency. If we need someone to meet the roofer to go over things, then we discuss it at the meeting and have it in the minutes.

I worry that this situation with the vendor could be the first time we heard about this board member acting as the representative of the board and our association could get into trouble if this action continues.

What do we do?

A: This is not the first time a reader has sent me such an email. It is a delicate situation, especially when the board member works hard on behalf of the association.

One possible solution is for the board to have an executive session with legal counsel to review the proper protocol that each director must display as a representative of the association. In addition, the attorney could prepare a code of conduct for the board to review and approve, and for each director to sign. It would include an enforcement section, enabling the board to take action if a director commits a code violation. I am sure the association’s legal counsel could tell many horror stories that cost associations much money in legal fees and damages when some director or directors, without the authority of the full board, made unauthorized decisions.

Q: We are a 152-unit condominium property and are governed by a homeowner board of directors. When a complaint of illegal activity by one of the homeowners is reported, what obligation does the board have ? What action should they take? Can the board report suspicious activity to the authorities?

A: Since the board does not have first-hand knowledge of the alleged illegal activity, the homeowner who is reporting the alleged illegal activity should be instructed to contact the police department, be it the Metropolitan Police Department or the police department for their municipality.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.