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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

Our community elected 3 new Board members who isolate us other 2. This 3 conduct private meetings among themselves and formulate policy based upon comments posted by members of their Facebook page at the exclusion of others. What can be done?

Answer:

You need to remind the these three new Board members that they owe a fiduciary obligation to the community. This includes the obligation to follow the community association's by-laws. By-laws typically provide that the Board acts by a majority of the members of the Board present at a "formal" meeting of the entire Board which was noticed to the Board members provided that a quorum is present. Any action taken at a "private" meeting between some of the Board members is not legal. Moreover, these Board members should be reminded of their ethical obligations owed to the community. Board members are required to strive at all times to serve the best interests of the Association as a whole regardless of their personal interests or those of members whose post on their Facebook page. They also have an obligation not to harass, threaten or attempt through any means to control or instill fear in any other Board member.

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