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Anonymous Irve (and his POA) Should Be Investigated and Expelled

Irve Denenberg has allegedly engaged in conduct that tends “to injure the good name of the organization, disturb its well-being, or hamper it in its work“. The remedy, per Robert’s Rules of Order is to create an impartial and independent committee to perform fact-finding for the Board, which will then use the Policy for Enforcement to determine whether action is necessary to prevent such behavior in the future, up to and including expulsion from the association.

What are the Duties of Board of Directors Members?

For novices, which is a fair description of the entire board, regardless of prior service elsewhere, this sounded scary. Because, the follow-up question to this is – OK, what happens if we violate our fiduciary duty?

The vague answer: lawsuits. And, nobody wants lawsuits, right?

With such a loose framework, the haunting shadow of the Fiduciary Duty Boogieman meant that anyone who suggested something different was often confronted with the concept that inaction, or inconsistency in action, would result in some hypothetical owner in our community filing a lawsuit against the board, or individual board members for violating “fiduciary duty”. Therefore, Walker, and his ideological partner, Irve, would repeatedly browbeat their fellow boardmembers on this point. No one wanted to be the one who attracted a lawsuit. And, so we went along with their theory of “duty” for most of 2018.