What if your association held a board meeting and nobody came? I am not referring to when the board meets without any owners present. In many instances, that can be looked upon as a good thing! People usually show up to complain. If the property is painted and everyone is paying their assessments on time, most boards usually meet in virtual solitude.

What I am referring to in the preceding paragraph is when an association cannot get anyone to run for the board. This too often occurs in older properties where things are going along well, or the reverse, where things have been awful! Brand new properties or middle-range properties usually have no problem filling the board.

What can an association do when truly no one wants to volunteer? This dilemma can be addressed by a number of public relations tactics or in the worst case scenario, fear.

Usually board vacancies reach the crisis stage when there are only one or two directors left after resignations, no-shows, transfers, etc. The “survivors” start pounding the pavement only to have multiple doors slammed in their face. The remaining directors need help just to share the workload. There are not enough remaining directors to constitute a quorum…etc.

In a previous column, I addressed the issue of paying directors, which is probably not a solution. A token check each month is usually not an incentive to get reluctant volunteers to step forward. The concerned owners who have recruitment problems need to use the following tactics to convince “all good men (and women) to come to the aid” of their association.

  • First, identify the sensible owners with business or professional credentials to focus your efforts.
  • Next, find concerned people who have time and care about the property, but may have been too shy to step forward.
  • Enlist a committee to walk the property to sell people on serving on the board.
  • Promise they only have to serve for two years (or one if you are really desperate).
  • Give the manager the authority to perform its duties under the contract terms (instead of taking away that authority).
  • Schedule board meetings quarterly (which is the minimum statutory requirement).
  • Limit board meetings to 1-1½ hours.
  • Enlist people to serve on a committee so that the board is not saddled with all of the work.
  • Rotate the chairmanship for running meetings. Even though the president is the chief executive officer, that role can be limited to signing checks and documents. A chairman pro-tem or parliamentarian can run a meeting…or, everyone can take turns. It is incredible how many people with good intentions serve as president, but lack the personality or demeanor to run a meeting in front of a large group of people.
  • Eliminate “beef” sessions regarding maintenance problems, complaints, etc. A homeowners’ portion of meetings is not required. Owners are only permitted to attend. Complaints should be put in writing and sent to the manager. If owners cannot cooperate, an association may never get people to volunteer for the board.
  • Lastly, if all else fails, advise the owners that if the board cannot be filled so at least three members are serving (the legal minimum), then a receiver will have to be appointed by the circuit court to administer the property. The fact that an attorney, accountant or realtor of the judge’s choosing could be appointed to administer the property should be enough of an incentive to have people stand in line to serve on the board.

The most important thing to keep in mind is, if the board experience itself is not unpleasant (which requires owner cooperation), an association will never have a problem getting enough volunteers.

 

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collectionslandlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

If our law firm can be of assistance, please call 855-537-0500 or visit www.ksnlaw.com.

 

This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. © 2023 Kovitz Shifrin Nesbit, A Professional Corporation.