Condo Media - January 2010 - 30

COVER STORY 4. Publish the minutes of board meetings and circulate them to owners. The value of distributing this information is clear, but some precautions are needed. As a general rule, the minutes should remain confidential until the board has reviewed and voted to approve them, and the final, published version should be limited to a record of the salient facts — the issues discussed, the motions made, the votes taken, the decisions made and the policies adopted. A detailed narrative of the discussion — who said what to (or about) whom, is neither necessary nor advisable. 5. Solicit input from owners. It is as important for the board to know what residents are thinking as it is for residents to know what the board is doing. Residents will be more likely to support decisions in which they think they have had some input, and they will feel more a part of the community if they think their opinions matter. So ask owners what they think informally (at the mailbox and in the parking lot) and formally through association polls and surveys. Make it clear that you value input not just by asking and listening, but by following up on the feedback you receive. If you adopt an owner’s suggestion, thank that owner publicly — at a meeting or in the newsletter; if you reject an idea, make sure you explain why. 6. Ask owners about rules before adopting, revising or eliminating them. It is axiomatic that community residents are more likely to comply with rules, and less likely to resent or resist them, if they understand the reasons for the restrictions or requirements and have a hand in drafting them. With that fundamental principle in mind, boards should take the time to solicit the opinions of owners on any rules they are considering. Legislators and regulators typically hold public hearings on proposed laws and regulations and association boards should do something similar. Ask owners if they agree a rule is needed and then give them an opportunity to review the wording of the rule before the board adopts it. Equally important, make sure all residents — owners and tenants — have a current copy of the association’s rules that explains the reasons for them, as well as the penalties for violating them. Reminding owners periodically of the board’s which the community owns in common. You have the responsibility to share and care for those things which the community holds in common, such that you do not deprive others of their use.” These rules work, Jones says, because they explain the behavior owners expect “The problem with communication … is the illusion that it has been accomplished.” — George Bernard Shaw, playwright authority to assess the cost of enforcing rules against owners also can help to encourage compliance and discourage at least some owners from challenging rules they just don’t like. 7. Phrase rules positively rather than negatively. No one likes to be lectured or hectored. Communities need rules, but they should be phrased to encourage compliance rather than to demand obedience. Instead of proclaiming that “no planting is allowed anywhere in the common areas,” a rule might state: “The association encourages all residents to take an active interest in the appearance of the grounds. Accordingly, owners may plant any of the following shrubs and plants in the following designated areas.” The communities that adopted the problematic “no flags allowed” rules that spurred so much litigation and (eventually) a federal law, might have avoided those problems had they simply specified the kinds of flags that are permitted, their size, and how, where and when they can be displayed — emphasizing the positive (what owners are allowed to do), rather than the negative (what is forbidden to them). Deborah Jones, CMCA, PCAM, a manager with Massachusetts-based American Properties Team, says some of the best rules and regulations she’s seen were drafted by residents of a Massachusetts co-housing community. One of her favorites: “You have the right to free use of all those things of each other, and, equally important, they convey the sense of shared ownership and shared objectives that reflect the essence of what the community association experience is, or ought to be. 8. Listen — really listen to owners’ concerns; respond quickly and appropriately to legitimate complaints. Botch a complaint, and you may alienate owners and all their friends, forever; handle an irate owner skillfully and you can create an ally for life. Simply listening to a complaint, taking it seriously, and explaining what you are going to do about it can go a long way toward appeasing a distressed owner, even if you can’t solve that owner’s problem immediately. Airline passengers are never happy if a flight is delayed, but they will be far less angry if someone explains the problem and when it is likely to be resolved. It’s when they sit on a runway for three hours without getting any information that people become irate. With that basic principle in mind, complaint procedures should generally: • Ensure a quick response, acknowledging the problem and explaining how and when it will be addressed. • Promise a solution without overpromising the result. • Keep owners in the loop, informing them of progress and explaining any delays. CONDO MEDIA • JANUARY 2010

Condo Media - January 2010

Table of Contents for the Digital Edition of Condo Media - January 2010