Preparation should include:
1. Setting up clear rules and expectations for board members as outlined in the Illinois Condominium Property Act. Some associations use a board oath Form that clarifies behavior, responsibilities and potential conflicts.
2. Sending nominating forms with a questionnaire to be completed by board member candidates, along with copies of the documents listed in item #1. These documents should cover candidates’ professional backgrounds, interests, goals for the association and disclose any potential conflicts of interest.
3. Prior to board elections, sending to all unit owners the completed board member nomination and questionnaire forms. These can be sent with proxy forms.
4. Holding a candidates’ forum prior to the annual election meeting, allowing short candidate presentations and unit owner questions. Establish rules for the forum including time limits and prohibiting personal attacks.
If, despite a structured and cautious election process, a board finds itself with a ruthless Jack or aggressive Roger, it’s time to act before the “island” of your association falls into the hands of the “flies.” The following steps should be implemented before the situation descends into chaos:
1. Board Members can discuss and address issues directly with the individual causing problems. It is helpful if board members prepare for this session in advance, agreeing on talking points and listing specific details to support their concerns.
2. If the person holds an executive position (President, Treasurer, Secretary, etc.), board members can vote
to remove him or her from that position and elect a new officer. The individual removed from office will continue to serve out his/her term as a non-executive board member.
3. Board members can vote to censure the person. This puts the troublemaker on notice that his or her actions are inappropriate. Censuring also alerts unit owners that a governance problem exists; and this may lead to the divisive person settling down or resigning from the board. On the other hand, the individual may feel publicly humiliated and respond by becoming more vocal. It is possible they don’t care about others’ disapproval, and the censure will have no effect.
4. If internal actions do not improve the situation, board members should consult the association’s attorney.
5. Board members cannot vote the individual off the board entirely, but unit owners can. Most associations’ governing documents require a 2/3 or 3/4 majority vote of all unit owners to remove a board member, and this can be difficult to achieve.
The souring of an association’s internal politics is not something that most of us want to acknowledge. We hope to live in peace with our neighbors and we depend on our association’s board to maintain that peace. Unfortunately, as Lord of the Flies demonstrates, the shape of a society can be transformed by the incivility of a few individuals. Although a governing system cannot entirely protect a majority of ethical people from the selfish behavior of a minority, owners can use their association’s governing documents to restore order. It is up to every owner to make sure that board members work for the greater good of their community.
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