Disruptive Pet Projects, Grudges & Other Distractions No Agenda

Disruptive Pet Projects, Grudges & Other Distractions

 When it comes to stories about board members pushing their own pet projects,  stalling meetings, and generally gumming up their HOA’s administrative works for selfish reasons, most property mangers have one or  two doozies.  

 Consider this tale from the trenches: “One board member just kept trying to convince the other members that this  certain contractor wasn’t needed for a particular job, even though everyone knew he was wrong,” says one property manager. “Turns out he just didn’t want to pay for his share of the project—and he ended up taking up 3-1/2 hours of meeting time! They had a very long  agenda, but nothing else got done. Finally, another board member got fed up and  walked out of the meeting.”  

 Only Human?

 Granted, we all have persona agendas—it’s part of human nature. Most of us vote for political candidates based on what  they would do to benefit us personally. Parents typically join the PTA or a  school committee because their child is in the school, and they want to make  certain their child receives the best benefits possible—they don’t tend to remain on that committee or PTA group after their child graduates.  

 When it comes to HOA boards, many members join because they have a personal  issue that’s important to them and they want to see it through. That’s not necessarily a bad thing, but when those personal agendas and pet projects  encroach on a board meeting, stir up controversy and discord, or prevent other  important business issues from being conducted, it can become troublesome—and even legally actionable.  

 “The most common meeting-related problem I have seen,” says Nancy Hastings, CMCO, AMS of MAMCO Property Management in Mt. Laurel, “is people coming to a board meeting with the sole intent of just getting  something off their chest or righting something that they feel is wrong.” Perfectly understandable, Hastings continues, but problems can arise when board  members over-focus and make the entire meeting about their problem.  

 According to Diane Dangler, president of DHD Management and the manager of  community associations for Alderbrook Condo Associate in Little Silver, “A board [member] should be able to represent everyone equitably, and not have a  specific personal agenda. They [have to] lead people and be non-judgmental, and  have the ability to work knowing that there may be some neighbors who don’t agree with or appreciate them.”  

 Rick Fry, PCAM, a New Jersey-based property manager, agrees. “The qualities a board member should have include a true desire to serve, and  look out for the best interests of the members of the association,” he says. “You don’t want someone who’s purely self-serving. Successful board members don’t come with a preconceived notion of what the problem is or how it should be  resolved. They are effective communicators—which requires effective listening, and naturally effective communication back.”  

 Deciding to join one’s board because of a personal grudge or vendetta against another board member is  perhaps the least worthy reason for joining, and it almost never turns out  well. More than one attorney interviewed for this article remembers enduring  marathon board meetings where members hurled insults, assassinated each others’ character, and did nothing to control the escalating volume of the debate until  they entire assembled group was shouting over one another. These board meetings  can become so difficult that the board may turn to their legal counsel for  advice.  

 “I had to go to every meeting for a year when I was on one board,” says one veteran condo attorney. “Most buildings wouldn’t need to have a lawyer [on hand], but for an entire year, all they were doing  was yelling and screaming at each other. Two of the board members even decided  to hold a special meeting to add nine members to the board and take away the  board’s control. And this was the most intelligent board, with people who worked for  the biggest and finest companies.”  

 Typically, a good board member doesn’t become a nuisance, even when they champion a particular cause, or advocate  strongly for a particular project. If they follow board rules and protocol and  address their personal issue appropriately, that’s okay. It’s the board member who’s constantly raising their personal issue and shoe-horning it into the meeting  that becomes a disruption.  

 Dealing with Disrupters

 So what can be done to rein in a rogue board member and move a sidetracked  meeting back on course?  

 “What we try to do when we have a board member like this is put them on a  committee that isn’t directly related to their personal agenda,” says Jeffrey Reich, with the law firm of Wolf Haldenstein Adler Freeman & Herz LLP in New York City. “We ask them to investigate some other options, and give them time to report  back. Hopefully it gives them a feeling that there are important issues  elsewhere, and it defuses the situation a bit.”  

 Another positive method of dealing with these board members is to stick to an  overall board-imposed agenda during meetings. This can be more challenging than  it sounds because most boards—especially those in smaller, more tight-knit buildings — are often less formal, and don’t always stick to an official agenda. True, they may have an agenda for  meetings, but they neglect to assign maximum time allowances for discussion of  each line item. According to the professionals, doing so can really help keep  things on track and prevent meetings from being “hijacked” by narrowly focused self-interests.  

 When even that fails, one property manager suggests that “Sometimes, you just have to speak the plain truth—really attack the other topics first, and tell the disorderly board member that  they’re repeating themselves and you’re not making headway.”  

 Robert’s Rules

 One way to guide a wayward board back onto a productive path may be to consult  Robert’s Rules of Order, a classic work of organizational wisdom that has been helping  keep parliamentary procedures on track for a century. Robert’s Rules spell out in explicit detail how to run a meeting, form the proper way  of introducing a new item of business, voting on it, and closing the floor for  discussion. The most recent edition of the rules, which have been updated over  the years, is titled Robert’s Rules of Orders Revised, 10th Edition. There’s also a condensed, abridged version called Robert’s Rules of Order in Brief, which is more user-friendly and may work well for  smaller, less formal organizations, including co-ops and condos.  

 According to Teresa Dean of the American Institute of Parliamentarians (AIP), “Condos, and in fact any organization, can learn these complex rules and usually  accomplish the will of the majority. Normally their bylaws will specify  specific rules the organization goes by, and the Robert’s Rules supplement those of the organizations themselves.”  

 Implementing parliamentary procedure can often quell the disorder and tangential  argument that bogs down boards as they try to conduct business. As per Robert’s Rules, board members aren’t allowed to interrupt when someone else has the floor, new business can’t be discussed until after the old business is taken care of, and members can’t go after each other in long-winded or abusive tirades. Motions must be made  and seconded in order to open a discussion, and items are ended by calling a  vote—either to decide the matter, or table it for later. As one attorney puts it, “[Robert’s Rules] allow a group who can’t get along, to get along.”  

 As mentioned before, not every board member’s personal agenda adds up to trouble for the board as a whole—even the loud, sometimes disruptive ones. While the method may be objectionable,  sometimes the meaning is actually worthwhile.  

 “There certainly should be an open session allowing for questions and answers” at some point during meetings, says Dangler, “but deviating too much from the agenda and allowing one or two people to  monopolize the meeting can become a big problem. I advise my boards to try and  address an agitated member’s problem, but keep [the response] to a minimum. Don’t let them rehash and rehash. Respond, and then follow up the day after the  meeting.” It’s at these times when the president of the association must take a stand and  keep the meeting orderly,” she says.  

 In the worst-case scenario, a board member who is truly relentless in pursuing  his or her own agenda, or who regularly becomes abusive or volatile may need to  be removed form the board.  

 “Most bylaws don’t let you kick off a board members,” advises one attorney. “A few do, but it’s rare. You will want to call upon that person to resign, or call a special  meeting in order to lose that member, especially if they are doing something  illegal. If that happens, and a board is found to be neglecting its business,  it can become a huge problem.”  

 The bottom line is that the board has a fiduciary responsibility to is  residents, and in order for them to do that important work, personal agendas  and prejudices must be set aside in favor of the greater good. The  professionals agree that while it’s fair and appropriate to hear fellow members out—even if the one and volume are not entirely pleasant—boards can’t indulge single members to the point where building business starts to suffer.  Nor should one board member, or two members wit ha personal beef with each  other, be allowed to intimidate the rest of the group. Adopting Robert’s Rules is one way to provide a structure in which even sensitive or  controversial items can be discussed, and voting out particularly disruptive or  uncooperative board members is another possible remedy. Regardless of the  tactics used, it’s up to the board itself to do what’s best for their community and its residents.    

 Lisa Iannucci is a freelance writer and author living in Poughkeepsie, New York.    

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