Publications
Is Serving on the Board Detrimental to Your Well-Being?
Recently, in New York, a resident of a condominium complex used his Volkswagen Beetle to kill a neighbor who served on the condominium board. The board member, while on a mission to curb expenses, tried to use his authority to block the resident from constantly washing his own car. The disgruntled resident ran over the vigilante board member and then calmly returned to washing his car.
It makes you wonder sometimes...!
In this day of "road rage" and other minimally provoked acts of violence, you have to ask the question "Is serving on the board of an association dangerous to your health?" Obviously, there are extreme behaviors in every facet of life. Associations are far from exempt. The issue does raise the very important question of how far individual board members, and the board as a whole, should go in the area of rule enforcement.
Does mandating the type of flowers that can be planted constitute micro-managing? Is letting a resident install a 6-foot satellite dish okay because the board does not want a confrontation? Somewhere in between these two extremes is the correct answer. The board of directors of a cooperative or an association must walk the tightrope of balance. By avoiding extremes, the board must ensure that it is safeguarding property values while not blocking individual rights and freedoms.
Boards of directors function in a dual capacity: running a business and operating a governmental body. In its function as a government, a board must legislate against, enforce and punish conduct that does not comply with the governing documents or is detrimental to the best interests of the property and/or its residents. For this reason, it is important that all residents have a current, clear and concise set of rules and regulations in their possession.
Secondly, for rule enforcement, the guideline should be that "you can’t have too much notice." By utilizing its police powers, a board must be sure an alleged rules violator has adequate notice, preferably even a written warning, before taking action.
Fines are a common enforcement mechanism for rules and covenant violations. In addition to providing adequate notice of an infraction and the potential penalty, there must be an opportunity for a hearing or some type of appeal to fulfill due process requirements.
Lastly, before bringing legal action, the violator must be made aware of the consequences if the conduct continues — written notice, again. Through the use of notice and hearing procedures, extreme behavior should, most likely, be curtailed.
Another area with explosive potential is when individual board members take matters into their own hands. This often ends up with the police being called. Board members must remember that the responsibilities of office do not extend to individual actions. I know of a board member who once confronted a neighbor for over-watering his lawn. The neighbor turned the hose on the board member, who in turn tackled the neighbor. After rolling around in the mud, these two septuagenarians filed criminal complaints against each other.
A board member’s power is no greater than that which is specifically granted by the majority of the board. Often presidents will take it upon themselves to assert a self-created authority, thinking that the role of president gives them greater powers. Generally, the president runs the meetings and signs legal documents. Any other power or action only can be extended by a specific grant of the board.
By focusing on its main objectives of administering and maintaining the property and not taking the law into their own hands, any board or any director can avoid incidents like the one in New York or the mud wrestling escapade. By communicating policy and procedures, as well as board activities, to all new and existing owners and keeping in mind the limits of their authority, nothing the board does should take anyone by surprise.