Page 16 - New England Condominium February 2019

16 NEW ENGLAND CONDOMINIUM - FEBRUARY 2019 NEWENGLANDCONDO.COM I n a community association, it falls on the board to put out any fires that ignite is that its members have the ability to agree to – even if that world only consists of the asso- among the property’s residents. But what disagree,” says Tina Straits, Vice President and ciation. Those board members are potentially insert themselves into the melee in order to happens when that blaze springs up between General Manager of Baum Property Manage- the board members themselves? Those who volunteer to serve on their people is not going to reach a consensus on for the members of the board to be reminded before they spill out and create issues among community association or co-op board are every issue. Where there is disagreement, it is that their function is to effectuate the admin- likely to bring strong convictions – and per- sonalities – to the table. As in any decision- making body, there is likely to be difference having a difference of opinion is nothing to Sometimes that purpose gets lost if directors can move forward” without being stuck with of opinion. And if the stakes and tempers rise take personally.” high enough, it can occasionally escalate into a war of words. At worst, it can lead to knock- down, drag-out fisticuffs. Preventing any and all conflict is impos- sible. But minimizing and mitigating it is derstanding among board members as to the essential in order for a board to do its job. regulation and operation of the association genuinely committed to either supporting or sip is circulating at breakneck speed.” Board members should actively anticipate and the function of the board, which can be opposing matters that come to them based on arguments among their ranks, and have a due to the inexperience of some of the direc- strategy on hand to ease tensions and reach an tors,” explains Elizabeth A. Bowen, a share- acceptable compromise before things get out holder with Florida-based law firm Siegfried, adds attorney Michael E. Fleiss, a partner at decisions,” adds Edie Davis, Senior Property of hand. Talk It Out One way to keep things copacetic among company with the ability to effectively com- board members is to identify which attributes municate with a board regarding the needs of when it comes to the building and building- most contribute to a board’s functionality, and the association is important. reach for those as a baseline when things start to drift apart. “I think that the key to harmony on a board aspirations of control and world domination members who find themselves outside the ment in Aurora, Illinois. “Any one group of into what should be a ‘team.’ It is important vitally important that board members listen istration and governance of the association an odd number of members on a board so respectfully to each other and understand that pursuant to their best business judgment. that when a vote needs to be taken, the board Communication – and the ability to calm- ly articulate why one board member may dis- agree with one or other persons – is critical. attempting to move through its difficulties to pen, sometimes the losing side of a vote will “Some disputes are caused by a lack of un- Rivera, Hyman, Lerner, De La Torre, Mars & Schwartz Sladkus Reich Greenberg Atlas, LLP, Manager with Maine Properties in Scarbor- Sobel, P.A. “To this end, a good management a law firm in New York City. “Also, the mem- “Truth be told,” Bowen continues, “some ing that maintenance or common charges ownership unrelated to board dealings, and board members assume their position with must never be increased, or that the lobby the most difficult personalities to incorporate guide it to a reasonable solution. come with personal agendas. Many times, as- sociation general counsel can act as an experi- enced ‘voice of reason’ and assist the board in ford, New York. “But, while it shouldn’t hap- keep the corporation moving forward.” “In a harmonious board, members are community at large, and, all of a sudden, gos- whether or not those matters are in the best big picture due to their perception of certain interests of the building and its residents,” people, and will be unable to make rational bers are free of hardline or absolutist positions reaches a stalemate, I have had mediators related issues. For example, instead of insist- must be renovated before any other project is undertaken, they are willing to adjust if neces- sary to best address the conditions and situa- tions with which they are presented. This does not necessarily mean abandoning wholesale the positions they espoused when running for the board, or their deeply-held views about how best to manage the building. But it does mean being open to consider a variety of pos- sible options. “Finally,” Fleiss continues, “effective board members respect the views of experts regard- ing matters within those experts’ fields. Few board members – even long-serving ones – can master all of the details of the many sub- jects with which they must deal. That’s why boards retain architects, accountants, lawyers and managing agents, and why successful boards have different members with con- struction, financial and legal backgrounds. Harmonious boards give appropriate weight to the expert opinions of their members and of the professionals they hire.” Fighting Toward Consensus While some minor conflict can be allowed to simply blow over, some intra-board squab- bles are not likely to fix themselves without some kind of intervention. In these instances, conflict, or even third parties, may need to It’s important to handle matters internally the broader association. “Generally, there are a tied vote, notes Robin B. Steiner, President of RMR Residential Realty, LLC, in Elms- express their disdain for the decision to the “Occasionally, board members can’t see the ough, Maine. “In the rare occasion that a vote come in to resolve conflicts.” Sometimes, factions develop among the Managing Board Conflict How to Maintain Harmony BY MIKE ODENTHAL BOARD RELATIONSHIPS continued on page 21 ISTOCKPHOTO.COM