R.S. from Flagler County, Florida writes:
Dear Mister Condo,
We have a small group of owners that have nothing to do but make trouble at our association. At a recent meeting, there was an owner who use to be the President of the condo Board. He got recalled due to his lying to the owners. This person and a few others sent an email to the manager complaining about things they claimed took place 4 years ago. Specifically, they complained about a maintenance man who has his own rental business, calling him all kinds of names. Members of the audience also chimed in until the BOD called for executive meeting. This is all about their hate of this person and not getting their way. How do we stop them from stepping over the line?
Mister Condo replies:
R.S., I am truly sorry for the stress this is causing you. Name calling at an association meeting isn’t a very polite or professional way for the association to conduct its business. Bullying and harassment are also very bad tools for any Board member to use, allow, or tolerate. Executive meetings can be called by the Board for certain reasons. Seeing as this maintenance man was apparently an employee of the association, it might have been a legitimate reason for calling the meeting. As for preventing the Board from “stepping over the line”, it really depends on what actions they took and why. As an employee of the association, the Board is free to terminate the maintenance man’s employment for whatever reason they wish. As long as they followed proper procedures and no laws were broken, I don’t see what you can do other than to vote for better volunteer leaders moving forward. Perhaps you should consider running for the Board and encourage other like-minded owners to do the same. Short of that, I doubt you will see any significant change in behavior. Good luck!
In the event there is a perceived behavior issue with an employee, although most are “at will,” it helps to have a documented process, as noted, with clear expectations, etc., in order to avoid unnecessarily losing an unemployment appeal. The rate is partially determined by benefit charges / experience rating. It would be preferable for owners to bring concerns about employees (which may or may not have merit) to a director’s or President’s attention privately, where the board can then discuss it in executive session, and possibly also check with the association attorney if deemed appropriate.