As we approach the new year, allow me to propose the following five New Year’s Resolutions for the Board of Directors of all Homeowners and Property Owners Associations.
1. Develop an understanding of the authorities and documents that control the Association.
In order of priority, the authorities controlling the Association are: Federal Law, State Law, City Ordinance, Covenants and Conditions (C&Cs) and By-Laws. No item may be contrary to anything ahead of it on the list. The Board has no authority over anything but the last two items.
2. Understand Board Limitations.
Read and re-read the Covenants and Conditions and the By Laws. The C&Cs control the things that are required of and prohibited to the residents. The by-laws control the day to day operation of the Association. Things such as when and how meetings are called, what constitutes a Quorum, what items may be discussed and/or decided at the meeting, are all part of the By-Laws. Read these documents until you understand them.
3. Leave Hitler in the History Books.
HOA’s have a frightful reputation throughout the nation. Part of that reputation cannot be avoided. The Board is telling homeowners what they can and cannot do with their property. This automatically puts the Association in the “tyrant” category, regardless how important compliance may be. Counteract this by taking a few simple steps:
a. Maintain Communication. First and foremost, generate a monthly, bi-monthly or quarterly newsletter. Finance it by allowing a few small ads that are sold for the cost of production and distribution. Include current news items, treasurer reports, reminders about current problem areas and other items that will ensure that the newsletter gets read. Link to the Association website, Twitter feed or Facebook Page. If you have not already done so, make a concentrated effort to establish a presence at nextdoor.com.
b. Maintain a usable website. At a minimum, the website should contain; the C&Cs, the By-Laws, the past several newsletters, and current contact information for at least one board member.
c. Clearly communicate the reasons for any actions, whether specific to one resident, or generally to many or all homeowners. “Because we say so” is for your children, not your neighbors.
d. Live by your own rules. I am amazed at the number of Board members that find a way to rationalize their own violations, knowing their fellow Board members will not attempt to enforce the rules against their colleagues.
e. Don’t make a Management Company a buffer between the Board and the residents. The residents need to be able to address the Board directly. If a Management Company is used, it should be for bookkeeping and ministerial tasks only. Never refer a resident to the Company. Figure out the problem, and if needed, assign the appropriate action to the Company. At least annually, the Board should conduct a performance review, to ensure that the Board’s needs are being adequately addressed by the Company.
4. Find what doesn’t work and fix it.
There are a number of things that need to be addressed in any association. Often, covenants are created by the developer, with the intent to make the Developer’s control absolute. Once control is handed to the Association, the rules are not as sensible and seamless. In some cases, a Board Resolution, ratified at the Annual Members Meeting, can establish an interpretation of a troublesome rule. In extreme cases, an actual amendment to the Covenants will be necessary.
5. Recognize the concept of “Opposition without Confrontation”.
Often, the fiercest neighborhood disputes result from someone who takes an opposing viewpoint personally. From that point, every disagreement is attributed to personal motivations. It then becomes nearly impossible to accomplish anything, especially if community involvement or agreement is necessary. Look for instances of hurt feelings, and take steps to mend fences before mole hills begin to grow.
Happy New Year.
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