How to handle a rude board member
Q. A board member of our association berates and makes personal attacks on other board members in front of the unit owners when decisions don't go his way. What is the proper protocol for board members to follow when they don't agree with a board decision?
A. Spirited debate among board members about an issue before a board vote is valuable. However, once a decision is made, the board should speak with one voice, particularly on controversial issues. It is important for all board members to support properly adopted decisions of the board, even if a board member does not agree with it. Handled another way by members of the board, the board will appear unprofessional and will quickly loose the confidence and support of the owners. The board should meet with this board member to address its concerns. If the conduct continues, the board should consider taking steps to remove this person from the board.
Q. Can unit owners take action on issues by voting at a special meeting of the owners without any board members present? The board members for our association have indicated they will not be attending.
A. The role of the president of an association is to preside over meetings of the board and meetings of the owners. If the unit owners of an association have followed the proper procedure to call a proper meeting of the owners, the president should attend the owners' meeting to preside over the meeting. No other board member would need to be in attendance. If the president of the association does not attend the meeting, the owners could appoint a person to preside over the meeting. Of course, I can't say, based on the limited information in the question, whether or not the issues proposed to be voted on by the owners are actually issues that can be voted on by the owners with binding effect.
Q. I am an owner of a townhouse, and the lot I own includes a landscaped area. The developer recently installed new sod, trees and plantings throughout the development on the individual lots, and has not been watering. As a result, many plants are dying and the grass is turning brown. The property manager has advised me that I am responsible for watering the sod, trees and other plantings on my lot. I travel frequently, and purchased a townhouse to avoid this type of maintenance responsibility. Am I responsible to water my lot?
A. The answer here turns on the language of the declaration of covenants for your association. Some covenants provide that the association is responsible for landscaping within individually owned lots, while some covenants provide that owners are responsible. Some covenants expressly address the watering of turf and plants, while others do not. And depending on the language of the covenants, it's possible for the board to adopt rules to address the issue of watering. My point is that there is no "one size fits all" answer on this issue, and a thorough reading of the governing documents for the association is in order.
Q. The board president of our association executed an amendment to an existing contract without board approval. The amendment extends the term of the contract for another two years, and increases the fee to the contractor. The rest of the board did not want to use the service provided by this contractor. Was the board president permitted to do this?
A. Unless the board properly authorized the president to take this action, the board member's action was beyond the scope of his authority. The board member that took action beyond the scope of his authority here is potentially liable for the sums payable to the contractor for the additional term.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in Buffalo Grove. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.