Page 5 - New England Condominium January 2020

NEWENGLANDCONDO.COM
NEW ENGLAND CONDOMINIUM
-JANUARY 2020
5
QUESTIONS & ANSWERS
Legal
Q
A&
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.
Dealing With A Diffi cult Board Member
Q
We have a board that just doesn’t
get along. I am the board presi-
dent, and one of the other board
members is a big bully. It’s really hard to
deal with him, and I hear from contractors
that he is nasty. He wants to run it all. No
matter what I or others say, he overrides us.
He didn’t show his true colors until recently,
and it’s aff ecting the board’s ability to func-
tion. He has two more years to serve. What
can we do?
—Feeling Bullied
A
According to Mark A. Rosen,
of-counsel at Schofi eld Law
Group in Boston, “Having
a member of the board who is ‘diffi cult’ to
deal with doesn’t have a ‘legal’ solution un-
less the Condominium Statute of your state
has a provision that addresses ‘diffi cult’
board members (highly unlikely, and not in
Massachusetts) and/or the condominium’s
governing documents, in particular, the
Declaration of Trust, bylaws or rules and dor, contractor or third-party should seek the ‘diffi cult’ board member that decisions
regulations has such a provision (again, un-
likely, although some condominium boards board’s designee.
do have a Code of Conduct for Board Mem-
bers and/or Unit Owners).
“So, what can a board do to address a bers are informed as to how the board ‘personal’ or ‘confrontational,’ but explain it
'diffi cult' board member on the assumption functions and how its decisions are imple-
there is no provision in the condominium’s mented. In this regard, adopting a Code of as a whole.’
documents they can rely upon?
“First, a board should consist of at least idea. At such a training session, it should be member’s position/arguments and explain
three members and depending on the size emphasized that not all board members will why they were not accepted as in the inter-
of the condominium, generally more likely agree with all decisions of the board, but de-
fi ve or more members (a recommended cisions are made in the best interests of the from ‘personality’ attacks.
practice is to always have an odd number community as a whole.
of board members). Assuming there is a
consensus among the ‘non-diffi cult’ board fi cult’ board member persist, all the other with a ‘diffi cult’ board member. Th e pro-
members, they should always be able to board members should consider confront-
out-vote the ‘diffi cult’ member. Whatever ing him/her in person in an informal set-
the issue/matter that is voted upon, the ting such as a coff ee, lunch, or dinner off the
decision of the board should be in writing condominium’s premises. At such a meet-
and communicated to all unit owners, ven-
dors, contractors and other third-parties. advised of specifi c examples of his/her
In this regard, a vendor/contractor should unacceptable behavior and how that has
be instructed not to take direction from a complicated the board’s decision on any
single board member and if any questions specifi c issue/matter. As much as possible,
arise over a particular issue/matter, the ven-
guidance from the board president or the of the board are for the overall good of the
“Second, a board should consider a with all the board’s decisions, but majority
‘training’ session where new board mem-
Conduct for board members may be a good
“Th ird, if the actions/conduct of the ‘dif-
ing the ‘diffi cult’ board member should be
the majority of the board should explain to
community and not everyone will be happy
rules. Try not to make the conversation
in terms of ‘for the good of the organization
“Fourth, try to listen to the ‘diffi cult’
est of the community as a whole. Refrain
“Finally, as ‘diffi cult’ as it may be, do not
postpone or avoid a ‘diffi cult’ conversation
ductivity of the board will suff er, and mat-
ters will only get worse.”
n