145 | Dealing with Rogue HOA Board Members!

Send us Fan MailRogue HOA Board Members can expose your association to liability. Learn how boards should respond before damage is done.✅ Is a Reserve Study right for you? 👉 https://www.reservestudy.com/When HOA Board Members act alone, bully others, or ignore proper process, the entire association can be exposed to serious legal and financial risk. In this episode, HOA attorney Tom Ware explains fiduciary duty, agency authority, the business judgment rule, and what boards must do when a rogue director creates liability. Learn how to protect your association, your fellow board members, and yourself.Get in contact with Tom Ware at: http://kgswlaw.com/Chapters: 00:00 How Can a Rogue HOA Board Member Create Liability?00:46 What Is the Difference Between Fiduciary Duty and Agency?04:06 When Does a Board Member Act Outside Their Authority?06:01 Why Must Boards Make Decisions as a Group?08:26 What Authority Can Be Delegated in Emergencies?10:06 What Is a Director’s Duty of Loyalty and Confidentiality?12:18 What Can Minority Board Members Safely Say?14:17 When Does a Strong Personality Become a Bully?17:32 Why Can’t Board Members Abdicate Responsibility?19:11 Ad Break - Community Financials 19:42 How Can Third-Party Actions Create Legal Exposure?23:21 What Happens When Directors Ignore Corporate Formalities?26:35 Why Must Minority Directors Stand Up to Bullying?27:30 When Should Boards Involve Legal Counsel?30:39 How Does Rogue Behavior Impact Property Values?34:04 Why Doesn’t Insurance Always Protect the Association?The views & opinions expressed in this program are those of the Hosts & Guests, intended to provide general education about the community association industry. The content is not intended to provide specific advice or recommendations for any individual or organizationPodcast Links:Full Episode ListWatch On YoutubeEngage in the conversation!Call our 24/7 voicemail line at (805) 203-3130 or send an email or voice memo to [email protected] yourself or a Board Hero you Know!Board Hero NominationsBoardmember Merch Store!Connect with Hosts on LinkedInJulie AdamenKevin Davis, CIRMSRobert Nordlund, PESupport Our SponsorsAssociation Insights & MarketplaceAssociation ReservesCommunity FinancialsKevin Davis Insurance ServicesStoke Light Video & MarketingThe Inspectors of Election