Page 9 - WFL Cooperator Fall 2019

FLCOOPERATOR.COM THE WESTERN FLORIDA COOPERATOR —FALL 2019 9 YOU’LL LEARN SO MUCH YOUR HEAD COULD EXPLODE. (Our lawyers said we had to warn you.) TAMPA CONVENTION CENTER — THURSDAY, DECEMBER 5, 10AM-3:30PM FREE REGISTRATION: TAMPA-EXPO.COM THE COOPERATOR EXPO 2019 WHERE BUILDINGS MEET SERVICES If the board is split by faction, it will be up munication styles of specific board mem- to the political savvy of willing directors to bers. It can be helpful for each member to may even result in agreement purely for available information—including expert form coalitions of support in order to get reiterate what they ‘heard’ another mem- things done by majority.” Key to communication is listening, and members repeat what they thought they of the building and its residents. Plus, for- if board members are not listening to each had just heard. If differing members can mal mediation typically involves financial evant professionals may try to bridge gaps other, bringing in a neutral party may help realize their differences in communication costs —including to compensate the me- to open their ears. “When board members styles, it can help push through and resolve diator—which boards may be hesitant to swering questions and discussing options are diametrically opposed, it may be time issues. But, at certain times, there is no incur. But informal ‘mediation’ by fellow regarding the matter at issue. Where the to call in a professional from a field related resolution that is satisfactory to everyone. board members, relevant professionals— to the argument at hand,” advises Straits. When that happens, the board members architects, accountants, attorneys, for ex- “Even if that professional is saying the need to understand that it is their fiduciary ample -- or managing agent can assist in two stridently opposed board members in same thing as a particular board member, responsibility to support the decision of arriving at a bipartisan solution to an is- the others may be more open to hearing the majority.” the message if articulated by an experi- enced outsider. “And,” Straits continues, “many argu- ments come down to the individual com- ber say, as it can be surprising to hear that is not necessarily in the best interests views of those disagreeing members closer While mediation can occasionally be in disagreement. In some circumstances, helpful in placating feuding residents, such ‘mediation’ may involve little more it’s rarely useful in the board context, ac- cording to Fleiss. “Formal mediation by issue with two diametrically-opposed col- an independent third-party facilitator leagues at a meeting of the board, using the the sake of agreeing; that is, an agreement recommendations—to try and bring the sue on which certain board members are agent to do so.” than other board members discussing an together. In other circumstances, the rel- between board members’ positions by an- other board members or the expert cannot or will not ‘mediate’ a resolution between this manner, it often falls to the managing n Mike Odenthal is a writer for The Western Florida Cooperator. offices in Boston and Braintree, Massachu- setts. “While perception of performance alone owners nearly always perceive that as nega- is obviously not enough to deliver results, re- sults alone are not enough to ensure content- ment among unit owners. The fact of the mat- ter is that unless a board has systems in place statutes may prevent the disclosure of certain casionally run for the board with the intended to ensure that unit owners believe they have information,” he says, “in every other circum- a voice in the process of governance, those stance it is almost always better to communi- owners may never be happy with the results. cate as much information as possible, even if need for greater transparency, and make ef- In addition, if the actions and deliberations the information is not what the owners want forts to steer the other members to commu- of the board are not transparent, unit own- ers may not even be aware of the issues the stand that not all news is good news, and they says. “This could mean forming a commit- board is confronting – never mind whether will be more content with board operations tee to create and send a monthly or quarterly personal methods of outreach – like email – the board has done a competent job pursuing and governance if they have more accurate newsletter, sending meeting minutes to own- resolutions. “Knowledgeable unit owners understand and expect that when they buy a unit, they business easier for its eventual replacement the common area on which they’ll post com- become members of a self-governing associa- tion,” Moriarty continues. “While they might methodology. “It’s essential to pay attention community website to store documents and Bender Rembaum, a law firm that has offices not volunteer to serve on the board, they nev- ertheless have an important economic and future,” warns Mark N. Axinn, a partner with personal interest in how the board conducts the New York City-based law firm of Brill & its business. A unit owner who cannot obtain Meisel. “For example, when files are reviewed the public relations aspect of its job can have members \[so\] the members of the association enough information to reasonably assess the by a future board, it should be clear what abject consequences. merits of his or her board’s decision-making the people at the time were considering, and is not going to develop confidence and trust why a particular decision was made. Records inherent in getting information to owners in that board. This can lead to frustration and should be kept in such a manner that some- skepticism.” Moriarty goes on to say that when boards ily ascertain what happened and why certain restriction or a new charge being considered. fail to communicate their process to owners, decisions were made.” tive. “While there are always exceptions based gional Director for Lieberman Management to the owners that \[the purpose\] of the fee is upon the need for confidentiality – attorney- client privilege, for example – or because Elk Grove Village, Illinois, a resident will oc- to hear. Reasonable unit owners will under- and reliable information, good or bad.” A current board can make association board meeting, installing a bulletin board in by being explicit with its decision-making munity updates and notices, or utilizing a Allison L. Hertz, a senior associate with Kaye to the details, or there can be problems in the share information.” one who is not familiar with an issue can eas- According to Jacqueline Abraham, Re- Services, which has offices in Chicago and to raise funds to help limit future maintenance goal of improving its optics. “Once elected, cerning how information can be distributed these board members realize that there is a to condo or co-op residents; some allow for nicate more with the community,” Abraham mail or hand delivered. Regardless of the rules ers electronically immediately following a acting with constituents in person. Backlash For a board, neglecting optics and ignoring board meetings are required to be open to “Boards often forget the messaging aspect before a new policy takes effect,” notes Ax- inn. “This is especially true if there is a new For example, if a board decides to implement a fee for subletting, it is important to convey increases.” Different states have different laws con- electronic communications, and some require actual hard copies to be sent via registered where you live, it’s important to note that im- should not be a substitute for actually inter- “Email should not be used to eliminate or avoid discussion at board meetings,” warns in Pompano Beach , Palm Beach Gardens, and Tampa, Florida. “In most circumstances, are able to hear how the board makes its deci- BOARD OPTICS... continued from page 1 continued on page 10