Board Member Bullies: What can you do?

Every individual who serves on a community association board is required to act as a fiduciary and serve the best interests of the association. Board members who bully others to advance their personal agendas can have dramatic effects. Often, the bullied board member resigns, no action is taken against the bully, and the democratic principles of association governance are destroyed.

Board members who advance individual goals to the detriment of or in conflict with the association are violating their fiduciary duty, explains Patrick T. Costello, an attorney with Costello Sury & Rooney, in Oakbrook Terrace, Ill.

Communities can take several steps to prevent bullying.

Any bullying behavior should be addressed immediately, first informally and then formally.

Costello says a good rule of thumb is to advise the bully to cease contact with other members, business partners, employees, or agents about association-related matters. The board member should be reminded they have no individual authority to act on behalf of the association. If the board member continues to advance their own agenda, the board should clearly communicate to owners, business partners, employees, and agents that this person does not have any authority and does not speak for the board or the association.

The remaining board members can consider censuring the offending board member. If the behavior continues, the remaining board members should speak with counsel about removal procedures. 

Another helpful strategy is to create and adhere to a formal structure that keeps meetings on track. “All decisions of the board (need to) take place at an open meeting by majority board vote. No single board member has authority to act outside of the majority board vote,” says Costello.

Education also helps. It’s critical for boards to review governing documents and consult with the association attorney. “After each election, hold a board member education session with management and the association’s counsel where organizational formalities, powers, duties, restriction, and obligations can be explained to each board member,” he says.

In addition, a code of ethics is helpful for outlining expectations of those serving on a board. Typically, these documents are not legally actionable, meaning a violation does not carry a remedy.

A civility pledge can be beneficial too. CAI’s College of Community Association Lawyers developed a pledge to encourage respectful and meaningful interactions in community associations despite differences of opinion on a particular issue. The pledge is designed to create an environment where residents can express their views politely and openly.

Take the civility pledge today: www.caionline.org/civilitypledge.