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NEWENGLANDCONDO.COM  NEW ENGLAND CONDOMINIUM   -NOVEMBER 2021     5  Disclaimer: Th  e answers provided in this Q&A   column are of a general nature and cannot   substitute for professional advice regarding your   specifi c circumstances. Always seek the advice of   competent legal counsel or other qualifi ed profes-  sionals with any questions you may have regard-  ing technical or legal issues.  QUESTIONS & ANSWERS  Legal  Q  A&  O  FFICE  OCATIONS N  L  I B  OSTON  A  ND   N  ORTH  A  NDOVER  Handling Harassment  Q  We are having a problem at our   condominium, but I'm not sure   whether board members — I'm   kind of new at the post — should be tak-  ing action, or if there is even any action   we can take.  What can be done when the president   of the condo board verbally harasses the   building's superintendent? We don't want   to lose this employee, especially in today's   environment.                                   —Empathetic Owner  A  “It goes without say-  ing that a condominium   board  member  should  not verbally harass anybody,” says Gary   M. Daddario, partner at Marcus, Errico,   Emmer & Brooks, PC in Merrimack,   New Hampshire. “The problem can be   both further complicated and potentially   more  harmful  to  the  association  when   the board member is verbally harassing   someone who works for the association.  comes to the business of the community.   Accordingly, this is a situation that should  If the problem board member cannot be   be addressed both swiftly and firmly by  deterred from inappropriate conduct, the   the remaining board members.    “Every set of condominium docu-  ments sets forth the requirement for a  erning documents.    board action (typically a majority vote).   Thus, board members simply should not  (including  warning  them  of  your  inten-  be acting unilaterally, regardless of what  tions) prior to seeking removal. How-  they are doing. So, in the short-term, the  ever,  someone who  persistently engages   rest of the board should meet and inform  in unprofessional conduct poses a risk to   the problem board member that they  the community, and the remaining board   must no longer communicate with the  members should resolve the matter, one   building superintendent one-on-one. In-  stead, depending on the communication  harmed.”   needed, it should be provided by way of a   memo approved by the board or through   discussion involving a  meeting between   the board and the superintendent.   “Next, in the longer term, the prob-  lem board member needs to conform to   some standards of professionalism. When   needed, boards sometimes put together   and  formally adopt  a ‘code  of  conduct’   that they agree to abide by in their deal-  ings with each other and others when it   remaining board members should inves-  tigate the removal provision of your gov-  “It is best to try to work with someone   way or another, before the community is   n    Do you have an   issue with your   board? Are you wondering how   to solve a dispute with a neigh-  bor? Can’t fi nd information you   need about a building’s fi nanc-  es? Our attorney advisors have   the answers to all of your legal   questions. Write to New England   Condominium and we’ll pub-  lish your question, along with a   response from one of our attor-  ney advisors. Questions may be   edited for taste, length and clar-  ity. Send your questions to:  Q&A

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