People Skills

April 15, 2024 Published by Golden Horseshoe Chapter - By JJ.Foulds

Rogue Board Members: Who are they? How do we manage them?

From the Volume 19, Spring 2024 issue of the CCI GHC Condo News Magazine

The Condominium Industry is full of many challenges. These challenges can range from buildings with major structural issues, to monetary issues, to manager shortages, and even clashes between unit owners. One area that a challenge may not be anticipated is within the dynamics of the Board. Often, the Board of Directors of a Condominium tries to portray themselves as a united front, but behind the scenes, there can be a great deal of conflict. This conflict can be caused by many things, but a major source of this conflict can often be a Rogue Board member.

There is no one true definition of a Rogue Board member, they can come in many forms. Just to name a few examples, there is the Board member that has joined the Board with a personal agenda. That may be something as small as wanting to have their renovation approved by the Board of Directors, or as large as wanting to change a contract to a contractor that may financially benefit them. It can be a board member that is seen as a bully. Someone who verbally is louder than the other Board members, and who may be intimidating other Board members into agreeing with them. A Rogue Board member may even be someone sharing confidential Board information with other Residents and Owners within the Condominium.

All this falls under ethical violations per the CCI Condominium Directors Code of Ethics, but how are they dealt with? With a lack of policing ethical violations in Condominiums, how can other Directors continue to work with a Board member like this? When it becomes too much, how is a Board member like this removed from the Board? What role does Property Management play in these situations? And how do Condominiums prevent this from happening again in the future?

One scenario where the Rogue Board member is often experienced is in Board meetings. Quite often the rogue board member can be seen as a bully and is incredibly vocal in a Board meeting setting which can be intimidating to the other members of the Board. Other Board members may hesitate to bring up contending points of view to the Rogue Board member as they do not want to be belittled or intimidated into agreeing with the Rogue member’s point of view.

So, how can other Board members operate in these situations? There are some specific strategies that are effective when it comes to working with difficult people. One of these tactics can be trying to understand their perspective. Before reacting to difficult behavior, take a moment to understand the underlying reasons behind it. Difficult people can often have their own insecurities, stressors, or past experiences that influence their behavior. Empathy and understanding can help with responding more constructively, even though it can be difficult when it feels almost like a personal attack. Ensure to stay calm and resilient, even when it seems futile.

Dealing with difficult people can be emotionally draining, but it’s essential to remain calm. Practice stress management techniques such as deep breathing or taking short breaks when needed. Avoid taking their behavior personally and maintain a positive mindset.

Go into each Board meeting expecting the worst behaviour from the Rogue Board member but hope for the best. Maintaining positivity helps prevent the feelings of dread that may set in prior and during the meeting.

Finally, be sure to set boundaries. Establishing boundaries is crucial when dealing with difficult people. Clearly define what behaviors are acceptable and what are not. Ensure that these are communicated assertively. Be consistent in enforcing the boundaries to prevent further conflict. This is something that Condominium Manager’s should be involved in, as they should have some training or experience in dispute resolution. Remind the Board members of the CCI Code of Ethics that they are participating in a business meeting for a corporation. Their behaviour should be reflective of a professional setting.

A Condominium Corporation is a home to the owners, but it is also operating as a not-for-profit business and should be treated as one. A tip to chairing an effective meeting, and keeping a Rogue Board member in line, is to put a time limit on each topic for discussion. Sometimes a rogue board member can take over a meeting topic and railroad other Board members’ ideas. Putting a timeline for discussion on each topic and ensuring that each Board member has an opportunity to present their viewpoint before a vote can prevent this takeover.

What if the Rogue Board member can’t be worked with any longer? Working with this individual has become unbearable and is affecting the mental health of Board members, Condominium Managers, and even unit owners. Then what?

What options do Board members and Owners have for the removal of a director like this? The Condominium Act is clear in that the Board members are to be selected by the Owners of the Condominium. A Board cannot remove a director simply because they are difficult to work with or have taken on some of these other Rogue qualities. This Director was elected to the Board and is the representative the Owners have selected, so in many cases, the only option for removal is to have the Owners of the Corporation in agreement with the removal.

Per the Condominium Act, an Owner must requisition a meeting for the removal of a director, which means that they must present a petition with 15% of unit owners signatures to hold an owner meeting for this specific purpose. At that Owners meeting more than 50% of all the unit owners must vote in favour of having this Director removed. This is a threshold that can be quite challenging to meet, but if the Rogue Director is causing enough distress throughout the community, it can and has been done.

There is an alternative way to remove a director, and this is becoming more and more common. This is through the Corporation’s Bylaws. There are Bylaws that are now being put together that have specific clauses integrated into them on how Directors must behave ethically, or they can be removed from the Board of Directors of their Condominium Corporation by a vote of the Board members. This Bylaw is incredibly beneficial to have in a Corporation’s governing documents, and any Corporations that are interested in having a Bylaw like this put in place, should speak with their Corporation’s Solicitor for more information and to see what options are available for their specific Corporation.

Often it is questioned, how do these Rogue Board members get elected to the Board of Directors? Don’t the owners see the issues that these Board members are causing? In situations like this, frequently there are not many other choices. Maybe the other owners are afraid to run for the Board of Directors against this Rogue Board member. There may be concerns about a vendetta should the rogue member not be re-elected. This can cause for these Board members being acclaimed to the Board, as maybe they ran unopposed for the position.

Even without a rogue Board member involved, being on the Board of Directors for your condominium corporation is regularly seen as a thankless job. Board members are responsible for making some hard choices for the owners, who are commonly their neighbours, and many do not want to take on that responsibility. Throw having to manage a bully into the mix, and it makes for a very undesirable position.

As an Owner of a Condominium Unit, it is imperative that it is understood that at the Annual General Meeting, selecting Directors is giving another owner the power to make decisions about your home, and spend what is essentially your money. It is important that all Owners view this as a serious position and realize that there are implications to electing and re-electing a rogue board member to the Board.

If there is an owner in your community that you feel has a skill set that would be beneficial to the Condominium, whether you are an owner or a board member, encourage them to get involved. Encourage them to put their name forward to help with getting involved and preventing the toxic cycle of rogue board members being re-elected just because there is nobody else willing.

Suggest to your fellow Board members that they do more than just the basic CAO Directors Training courses. This course is a start, but there is so much to learn about Condominiums. Encourage them to attend conferences, webinars, seminars about being on the Board of Directors and ensure that they are aware of the implications their actions and decisions can have on the community that they are not only assisting to run, but that they are a part of. Condominium Boards are designed in such a way that one person should not have total control of the Corporation. Whether the Board has three, five, seven or even more members, it is important that all those Board members have a voice and that they are not silenced by a rogue Board member with a strong opinion.

These members can have a huge impact on not just the culture of the community but the finances as well. If they continuously make self-serving decisions, and no one else in the community is willing to work with them, then Condominiums are going to have a hard time finding volunteers to join the Board of Directors which can have huge financial ramifications. If the Board of Directors cannot obtain and keep a quorum of Directors, and a Court Appointed Administrator is required, common element fees are going to go up to accommodate this, and it will have an overall impact on all of the owners, not just with the toxicity that is prevalent in the community but financially as well.

Rogue Board members can be an issue within Condominium Corporations, but there are techniques to manage working with them, and if all else fails, options to remove them.

A Condominium Manager should be able to assist a Board of Directors on working with challenging personalities and provide solutions to the Board on how to deal with rogue members. Each community is unique, and every Board will require different advice, but your Condominium professionals, such as Manager’s and Lawyers, should be able to help guide your community through the turmoil these individuals can cause.

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JJ Foulds, BA, OLCM, RCM
Director of Condominium Management Wilson Blanchard Management, An Associa® Company.