Most association directors are well regarded volunteers who serve because they care about the community. From time to time, though, one director's behavior begins to slow the board down, discourage other volunteers, and put the association at risk. When that pattern is recognized early, it can usually be corrected before real damage is done.
This article is general information and is not legal advice. The association's attorney should be consulted.
The Standard Every Director Is Held To
In Florida, the officers and directors of a homeowners association have a fiduciary relationship to the members, under section 720.303(1) of the Florida Statutes. The same duty is owed to unit owners by condominium officers and directors under section 718.111(1)(a). Decisions are expected to be made in good faith and in the best interest of the association as a whole, not for personal reasons.
Newly elected or appointed directors must also complete state approved education, generally within 90 days after taking office. HOA directors are covered by section 720.3033, and condominium directors by section 718.112(2)(d). A director who does not file the certificate on time is suspended from the board until the requirement is met. Training does not fix every personality problem, but it gives the whole board a shared understanding of the rules.
Warning Signs to Watch For
The following patterns are seen on boards of every size.
The absentee. Meetings are missed, emails go unanswered, and assigned tasks are left undone. When several absences pile up, a quorum may not be reached and important decisions are delayed.
The abuser. Disagreement is healthy on any board, but insults, shouting, and personal attacks are not. Owners and other directors are discouraged from speaking, and good volunteers are driven away.
The buck passer. Responsibility for mistakes is never accepted. Blame is shifted to the manager, a vendor, or another director, and problems are not fixed because no one admits they exist.
The bully. Votes are won through pressure, guilt, grandstanding, or misleading statements rather than through facts. Left unchecked, this director can steer the board in a direction that most members would not support.
The conversation hog. Others are talked over and ideas are dismissed before they are heard. Meetings run long, and quieter directors stop contributing.
The curmudgeon. Every new idea or tool is resisted because the old way has always worked. Caution has value, and the concern should be heard, but necessary improvements should not be blocked indefinitely.
The grouch. A negative tone is brought to every topic, and other directors may be criticized behind their backs. Attitudes spread, and morale on the board suffers.
The interloper. Attention is focused on other directors' duties instead of the director's own role. Staff and vendors may receive conflicting instructions as a result.
Behavior That Crosses a Legal Line
Some conduct goes beyond a difficult personality. Acting on a personal conflict of interest, directing association business to a related company without proper disclosure, or accepting a kickback from a vendor is addressed directly by Florida law. Under section 720.3033(3), a kickback accepted by an HOA officer or director is a third-degree felony, and the board must remove that person from office. When conduct of this kind is suspected, the association's attorney should be contacted right away.
How the Board Can Respond
Most problems can be managed with structure and a direct conversation.
- A written agenda should be adopted and followed at every meeting so that no one person controls the discussion.
- Time limits for each item can be set by the chair and enforced evenly.
- A private, respectful conversation about the behavior should be held, with specific examples.
- Roles and committee assignments should be put in writing so that each director knows what is expected.
- A code of conduct for directors can be adopted and signed each year.
- An outside facilitator or mediator can be brought in when relationships have broken down.
More on how a board is meant to function can be found in
the role of the board of directors and
6 HOA board meeting best practices.
When Removal Becomes the Answer
A director cannot be removed by the other directors simply because the board disagrees with that person. In both homeowners associations and condominiums, a director may be recalled with or without cause by a majority of the total voting interests, under section 720.303(10) and section 718.112(2)(l). The recall process has strict procedural steps, and mistakes can invalidate the effort, so legal guidance should be obtained before a recall is started.
Support for Your Board
Meeting preparation, agendas, and director training reminders are handled for the communities managed by Condominium Associates. Good examples are set most easily when the board has clear procedures and reliable support. To talk about your board's needs,
contact us.
