If your board president rules with an iron fist, your community doesn't have to tolerate it.
The president may have been running the association single-handedly for a long time. Or perhaps they think they are a big shot in the business world and are confident the community needs their iron fist. Whatever the motivation, the homeowners association president becomes a dictator.
In meetings, bullies can intimidate fellow board members, managers, and association members. They insist on doing things their way. They refuse to entertain dissenting opinions.
What is an HOA President Bully?
Behind the scenes, they can be just as disruptive. They steer contracts to specific vendors and refuse to sign board-approved deals with others. They tell maintenance personnel how to mow the lawn or clean the pool. They threaten homeowners over minor or perceived rule infractions.
But association law and governance experts are unanimous in their opinion that bullies can be deposed. Boards and owners can remove an association president who behaves miserably. It can get ugly, but now and again, a board or community must stand up to a dictatorial president.
Under most state laws and association governing documents, the board president has few powers beyond those other board members hold. Generally, the president is authorized to schedule meetings, open and close sessions, and sign certain documents on behalf of the association.
In a community association, the president is first among equals.
Most laws and documents also give association boards the power to remove the dictator from the presidency at any time by a simple vote. In almost all cases, the president remains a board member but has no more authority than fellow members.
Steps to Take When Dealing with an HOA President Bully
Experts say to take five steps to depose a dictator president, starting with the most limited procedure and escalating to the most extreme. If you're lucky, only the first step will be necessary. Steps four and five are reserved for cases in which everything else has failed; these steps have a lower chance of success and can leave enduring scars on the community.
Step one: Talk to the dictator and seek a behavior change. It's best to talk it over with the person to resolve the issue.
Step two: Study the association's governing documents and applicable laws. If this still needs to be done, pore over these documents with the association's attorney. Make sure you know exactly how to schedule and conduct a vote to remove the president from office. The parliamentarian—if there is one—or a board member should prepare responses to possible efforts by the president to try to block a vote on removing him or her from that office. Then tell the dictator that you are scheduling such a vote is and that it will occur even if he or she objects or fails to attend.
Step three: Vote to remove the president as an officer of the board. In most associations, a board member can be voted out at any time and without notice, though the vote can be placed on the agenda for a regular meeting, or a special board meeting can be called for such a purpose. Board members should anticipate anger and aggressiveness from the dictator. Some will claim the board doesn't have the right to remove them and might threaten to go to court. Board members need to hold their ground and refuse to get into shouting matches or other unprofessional behavior.
Step four: Vote to remove the offender from the board. Sometimes, a dictator who has been voted out of the presidency digs in, and attempts to undercut the new president or even refuses to accept that there is a new president.
Step five: If the behavior continues, file a lawsuit. Although this option is rarely used, it may be necessary if a president takes extreme measures to try to hold on to power. Board members or property owners can seek a judicial order requiring the dictator to take or not take specific actions. Failure to conform puts the dictator at risk of being declared in contempt of court.
Warning Signs
It's impossible to predict how someone will behave once elected to a board or elevated to a board president. But some behaviors have become associated with dictators over time and might tip off other board members that watching the person is necessary:
- Declining to schedule regular board meetings
- Refusing to allow dissent, constructive criticism, or discussion
- Exhibiting intimidating behavior
- Conducting association business without consulting the board
- Pursuing a personal agenda
CAI recommends reading,
Perfect Phrases for Dealing with Difficult People: Ready-to-Use Phrases for Handling Conflict, Confrontation, and Challenging Personalities, to learn more about how to deal with difficult personalities.
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