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Director Against Direction


Guest virginia

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Our Association has a nine member board. The Chairman was instrumental in getting one partiular member elected but now that individual has decided to be her own person and vote what she feels is proper for the property owners. Now the Chairman is using under handed tactics to attack this individual, sending letters 'from property owners' to be read during property owner correspondence which bash this board member and then come to find out the letter wasn't really written by the property owner at all. Now the Chair (who has a majority clique on the board) wants to use property owner dues money to pay an attorney to get her to 'cease and desist' speaking her mind, speaking to what other property owners tell her they would like (stop spending money on needless legal opinions). My question is this; Can one director on the board use property owner money to pay for an attorney to intimidate a fellow director all in the name of 'protecting the association'?

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Our Association has a nine member board. The Chairman was instrumental in getting one partiular member elected but now that individual has decided to be her own person and vote what she feels is proper for the property owners. Now the Chairman is using under handed tactics to attack this individual, sending letters 'from property owners' to be read during property owner correspondence which bash this board member and then come to find out the letter wasn't really written by the property owner at all. Now the Chair (who has a majority clique on the board) wants to use property owner dues money to pay an attorney to get her to 'cease and desist' speaking her mind, speaking to what other property owners tell her they would like (stop spending money on needless legal opinions). My question is this; Can one director on the board use property owner money to pay for an attorney to intimidate a fellow director all in the name of 'protecting the association'?

That depends on your rules. Typically, an expense like that would take a majority vote.

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My question is this; Can one director on the board use property owner money to pay for an attorney to intimidate a fellow director all in the name of 'protecting the association'?

It is highly unlikely that a single person has the authority to spend funds in such a way. It is possible, however, that the board has the authority to take such action. Check your Bylaws to determine the authority of the board. If you feel it's time for some new board members, see FAQ #20.

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The Chair would get a majority vote because she has a clique on the board and everyone that votes her way believe that she knows what she's doing which is not the case.

Well, if she gets a majority to agree with her then there's nothing wrong with it, as long as the bylaws grant the power in question to the board.

There's a difference between acting without authority and being persuasive.

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