From time to time, the Board faces the unpleasant task of removing a director from the Board for cause. The causes can be many but common ones are failing to attend meetings, disruptive behavior, inciting riots in the community and generally undermining the Board effort.

Since directors are not paid, removing one may be unnecessarily prolonged because “no one will volunteer to take his place”, “he’s just that way” or some other such justification. But a poisoned well needs fresh water, the sooner, the better. Prolonging the problem may cause another worthy director to get frustrated and resign.

So, if you have a problem director, first determine if the problem is fatal or curable, with emphasis on “curable”. Directors don’t grow on trees and it’s often easier to rehabilitate who you have than to seek out a replacement. And replacements often have their own downsides. Take this approach:

• Be Direct. Speak to the person in person. No letters, Post Its, e-mails or v-mails. Make an appointment at a neutral location for coffee, lunch, etc. Discuss the problems, seek confession and get a commitment to change.

• Inquire. Determine if there are forces affecting performance. Look for things that are correctable. Missed meetings may be a simple schedule conflict which the Board can bend on. Or it may be marital problems that aren’t easily resolved. What “it” is determines the course of correction. But the goal should always be to find a way for the director to continue serving.

• Edification. Disruptive or contentious directors are not always aware of their interference. Edifying the offender may be usable news. Some people are blunt, loud, intimidating and not really intending to offend. Help them understand from an outside observer’s point of view the problems such behavior causes.

• Accountability. Some bad behavior is planned and intended to impose will. Identify it and hold the offender accountable. Make the point that self serving behavior doesn’t meet the standard of a “fiduciary” acting in the best interests of other. Put it in those terms and you might change behavior.

• Get Commitment. If you manage to come to an understanding about making things right again, ask for a specific commitment to make the change permanent. If that commitment is made, express your thanks that an agreeable compromise was reached that allowed the director to continue on as a productive member.

In most cases, this interview and sorting out process will lead to problem resolution. In most cases, you will have a penitent director committed to doing better. But some will not. If you have Johnny Rebel on your hands, ask for a resignation and thank him for his contribution. Recognize his efforts in the next newsletter and the board meeting minutes. This will demonstrate respect and will go a long way toward diffusing possible retribution by the outgoing director. While the Board has fire power, let it be used with grace and compassion. A neighbor is on trial and while that neighbor may not work out as a director, he is entitled to respect as a community member.

For more on this topic, see http://www.Regenesis.net

Published: April 9, 2003

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .