Page 5 - New England Condominium November 2021

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: Patgale@yrinc.com Q&A