Condo Media - January 2019 - 19

In addition, association members
who want to join the board should be
required to confirm that they have read
the governing documents before agreeing to become a board member.
Boards should have
annual board training,
even for those members
who have been on the
board. The value of an
annual training far outweighs the cost,
if any, as well as the effort, and will lead
to monetary and time savings when the
board knows how to operate. CAI has
great resources and there is no excuse
for not taking the time to prepare for a
board position.
The board is a body comprised of
individuals that is charged to manage
the association pursuant to the bylaws
and relevant statutes. The board makes
decisions, sets policies, and delegates
to the individual who will carry out the
delegated matter. When a board member exits the properly noticed board
meeting, they have NO authority to act
in their capacity as a board member except pursuant to the delegated authority
expressly given them by the board during a properly noticed board meeting, or
proper consent to act without a meeting.
Remember, each board member has
"one" vote whether he or she is also an
officer of the association such as the
president, vice president, or other.
Most delegated tasks by the board
are given to the community association
manager if there is one, or employees.
Sometimes, there is no manager or
employee, and the action is delegated
to a volunteer board member or other
association member volunteer. In that
case, the board member is carrying out
the delegated action as a "volunteer"
and not in his or her capacity as a
board member.

2

Pointer

Remember, a "volunteer
board member" or
"other volunteer" is
not an employee, and
apathy is not a defense.
If no one will step up to carry out delegated actions, there is a deeper issue

3

Pointer

that must be addressed and the board
should hire a management company or
an employee. If the board is not willing
to do that, then the board should go to
court and seek a receiver which will end
up costing the board and the association the money they did not otherwise
want to spend. At the end of the day, the
board is charged with protecting the
association's assets and must take the
steps to do so.

Unit owners do not read the
governing documents they
have agreed to comply with
prior to purchasing their
home in a common interest
association. In most cases,
these unit owners probably
do not read the governing
documents until they have
an issue.
The following are additional practice pointers that will help simplify
and shorten a board meeting and
mitigate claims.
n The board members must open, read,
and prepare questions, if any, on the
issues to be addressed on the meeting agenda. The single biggest waste
of time in board meetings are board
members who come unprepared and
spend time getting up to speed during
the meeting.
n Have a prepared meeting agenda
and stick to the agenda. If there are
items that are not on the agenda, they
should be tabled for another meeting.

day a rogue unit owner shows up,
having a consistent set of rules in
place will be worth its weight in gold.
If rules are first used with respect
to a specific individual, the door to
discriminatory application of rules is
opened. These rules should include a
limited time for speaking by unit owners at a board meeting.
n Just because someone asks a question
does not mean an answer must be
given. There may be questions that are
out of order or otherwise inappropriate. This is why an established set of
rules are warranted.
n Do not tolerate a lack of civility or
an individual who insists on disrupting a meeting. Do not engage that
individual; instead, adjourn the meeting to discuss further action with
counsel. Counsel may need to seek
a court order. A court may require a
security guard and put the cost on
the disrupter.
n Whenever possible, even if an open
meeting is not required by the governing documents or statute, have an
open meeting to avoid any appearance
of secrecy or conspiracy.
n Prepare a short video regarding "life
in our community." This can identify
the governing documents, describe
how the association is managed, and
who is eligible for the board, as well
as rules that may be unique to this
association or to life in a common
interest community.
Understanding the board's duties and
obligations and making sure unit owners receive, read, and ask questions
about governing documents is the best
risk management tool the association
can use.
n JOEL W. MESKIN, ESQ., CIRMS,
CCAL, MLIS, IS MANAGING

n Adopt a form of Roberts Rules of
Order and stick to them. Even if the
board members are close friends and
the use of rules seems awkward, the

DIRECTOR, COMMUNITY
ASSOCIATION PRODUCTS,
WITH MCGOWAN PROGRAM
ADMINISTRATORS.

January 2019 CONDOMEDIA

19
Condo Media - January 2019

Table of Contents for the Digital Edition of Condo Media - January 2019
