Homeowners Association Boards

On a regular basis I am asked to answer questions about community association law submitted to various publications by their readers.  Recently I answered the following question for the publication AssociationHelpNow:

Q:  “Is it necessary to keep all board members in the loop?  We have five board members but only four officers.  Do we need to keep the fifth one in the loop?  We don’t like the way this board member does things and he/she is a rebel, and we’d rather not have this board member’s input on everything.  Can we just email this board member the results of what we are doing?”

A:   “Every board member has the right to be included in all decision-making and governance of the association.  A majority of the board cannot, and definitely should not, exclude another board member from the decision-making process.  This includes the duty to provide adequate notice of board meetings to every board member as outlined in your governing documents.  While the actions of a majority of the board become the actions of the entire board, a majority of the board cannot simply exclude a board member from the decision-making process, make a decision, and then email that board member the results.  To do so would be to expose those board members to potential litigation by either the excluded board member, or other members of the association.”