When Boards Don’t Play by the Rules Controlling Rogue Board Members

Many if not most boards get along famously. There are boards that have had the same members for decades and run their communities without a hitch.

We frequently get calls from readers who are troubled when they find that their board members seem to be operating under a different set of rules than the rest of the community. For example, they get preferential treatment for parking spots, ignore pet rules, fast-track their own alteration projects, fail to pay their assessments on time, and disrupt board and shareholder meetings. Rogue board members negatively affect building morale, erode residents' confidence in their board, and can even have serious legal ramifications as well.

See Why They Run

Why do residents decide to run for the board? Some might suggest it’s a thirst for power, or a Machiavellian urge to practice politics as blood sport. In fact, new people usually tend to decide to run because of a single issue that affects them personally that they want to change.

“What typically happens is that you get somebody who moves into the building, or hasn’t been active, and all of a sudden they want to run for the board,” says Martin Kera, a partner at Kera & Graubard Attorneys at Law in Manhattan. “And they’re what I call a ‘one item agenda’ board member.”

“People who run for the board usually are running after they’ve experienced something, and want to change what exists at the present time,” says Pamela DeLorme, president of Delkap Management Inc. in Howard Beach. “There are a great many of them who do it out of the goodness of their hearts—I know several people who have been on boards for over 30 years. But then there are those who run to purposely put a wrench in the whole works, and pursue their own interests.”

Read More...
 

6 Comments

  • The Board and Management co., have not done an audit and have two (2( assessments on top of the monthly maintenance fee. In Michigan what can I do I suspect fraud
  • Our present board president investigated our past board president (and we paid an assessment for that). Now the past president would like to see a copy of the report. The current present is saying he has to submit a letter from his attorney and then our attorney will review it in order for him to have the report. Does the present board president have the right to require an attorney's letter?
  • In our co-op we recently elected a new board because the old board under the control of one self serving woman has gone rogue and no longer represents the majority. Though the election was validated by the league of women voters the rogue board will not turn over the reins of power here at the housing co-op. What can we do.
  • the board of my building is buying an apartment from the city that belong from a propietary who die and didn't have a will, but the board haven't anounce anything and is going to be resale to a president's friend and that he wants to be part of the board, is that correct? or is fraud? they can use money from the coop.
  • what about when a board member interfers with the operations of the social group that handles various events?
  • Our Board is violating our Proprietary Lease. We have a$ 500,000 dollar repair project(railing replacement)-but the Board has exempted 30 of the 120 units from paying the assessment-which means 90 units must pay 100% of the repair costs.We pay all our expenses based upon shares-but the Board is ignoring that-claiming the 30 units don`t need new railings and there fore don`t have to pay the assessment.Nothing in the Proprietay Lease allows this.What can we do? ie; 5 of the 7 board members have been exempted. 5/26/2016