Question: Our association has actually significant complications along with a female manager assigned to our account by the management company. Management will certainly not remove her, and the majority male board directors say they “enjoy her.” Owners that visit the association’s office are subjected to her yelling and screaming; any person protesting is threatened along with calls to security if they don’t leave. She yells at owners throughout the board meetings’ open forum, taking time away from speakers.
Intent on preventing me from raising problems as board treasurer concerning reserves and finances, she repeatedly interrupted me, after that became combative and argumentative versus me in front of our certified public accountant. She didn’t want me contradicting post she previously gave to the CPA. I asked her to protect against interrupting. She began screaming, sticking her finger in my face and ordering me to leave. I believed she was going to attack me, however she stomped from the conference room and went in to her office, just to begin throwing points at the wall. As a minority female director, exactly what can easily I do?
Answer: The meeting’s statutory open forum time belongs to owners, not managers. Screaming, yelling and throwing points have actually no put in professional or adult behavior. all of directors ought to be concerned regarding a manager that represents the association in this manner, due to the fact that she is a liability.
A victim of her tantrums could sue her and the association for assault, which is defined as an “unlawful attempt, coupled along with a present ability, to commit a violent injury on the individual of another” in California Penal Code section 240. It is not important for the manager to physically strike or touch somebody to be located guilty of an assault. In fact, unwanted contact, straight or indirectly, could mean added liability for battery.
As a director it is vital to report and maintain your opinions and recommendations, regardless of exactly how the majority votes, due to the fact that this board’s failure to take preventive action can easily be construed as ratifying the manager’s poor behavior.
If the majority male directors won’t take action, you ought to treat potential legal complications by making the association’s guidance aware of this problem. ought to the association get hold of sued, your documentation could assist your defense ought to indemnification come to be an issue.
Even if assault and battery are not offered selections to offended and outraged owners, claims for intentional infliction of emotional distress or interference along with the company of the association could exist. She is interfering along with the owners’ use, enjoyment and management of a fairly beneficial asset — their home.
This manager’s antics have actually a disruptive and intrusive effect on the association’s ability to conduct its business.
She likewise could reason therapy to help her in dealing along with inter-personal issues. Management companies ought to offer their employees along with self-suggestions programs, including anger and pressure management courses, violence prevention, victim awareness, impulse regulate and nonviolent communications skills.
If the management firm won’t remove this manager, terminate the firm along along with the risk. Under these circumstances, directors stating that they “enjoy her” is not a rational company decision justifying her continued employment.
Zachary Levine, a partner at Wolk & Levine, a company and intellectual property law firm, co-wrote this column. Vanitzian is an arbitrator and mediator. Send questions to Donie Vanitzian, JD, P.O. Box 10490, Marina del Rey, CA 90295 or firstname.lastname@example.org. Copyright © 2015, Los Angeles Times