No one likes to feel left out or ignored. Sometimes that is how condo residents may feel if they believe their board or managers are not responding to their requests for information or sharing enough up front. What they may not realize, however, is that there can be important reasons for discretion on the part of board members, trustees and managers. Keeping the lines of communication open and clear can help eliminate those misunderstandings and help establish a healthy level of trust between everyone involved. 

When Questions Come

Significant lengths of time between a resident making an inquiry and a board or manager responding to that initial inquiry can cause friction before the main matter of the inquiry is ever even addressed. That resident may feel that the request has not been received or worse yet, has been ignored as insignificant. Before long, that individual can start sharing his or her frustrations with neighbors and friends, leading to an unintentional and perhaps undeserved reputation for board and manager of unresponsiveness. 

Sometimes the delay is simply a reflection of the type of question involved. “Most questions can be answered quickly, but when it involves specific language or a ruling from the board, then the manager would have to get back to them,” says John Thiboutot, vice president of The Niles Co., Inc, a management firm in Boston. “If it’s a general billing question, those can be answered relatively quickly.”

Still, no matter how much time may need to be invested to properly answer the question in full, it is important to issue some sort of response as soon as possible. “Managers are not always in the office; sometimes they can answer phone calls on the road, but depending on what they’re doing, they cannot. Specifically to our company, managers try to answer within 24 hours,” says Thiboutot, “If it’s something an assistant manager can answer then they can, but if they’re specifically looking for the manager that’s a factor. Depending on the question they may need to seek board or legal counsel.”

Bram Fierstein, president and co-founder of a New York-based management company, agrees. “Questions should be responded to as quickly as possible. It is best to acknowledge a question via email or telephone to inform the resident that the matter is being considered and you will get back to them with an answer.”

This immediate response can prevent some potential frustrations before they start. “Answers to questions sometimes require board input or legal input,” says Fierstein. “This can cause a delay. In today’s world, residents often expect ‘immediate gratification.’ This is not always possible, but acknowledging their inquiry and informing them that they will get a response is extremely important.” 

Inquiries usually can be broken down into two categories: emergencies and non-emergencies, each with their own frame of proper response time. “Emergencies should be responded to immediately,” says Fierstein. “Non-emergencies should receive an acknowledgment within 24 hours.” 

Once a request for information has been acknowledged, the next step is putting together a response. Sometimes the request is a simple one and can be handled on the spot or just with a phone call. In other instances, if the resident’s request is more unusual or requires the input of other experts, it may take more time and consideration to formulate the correct response. 

“The only reasons I can think of that we wouldn’t answer the question is there hasn’t been a decision yet, or there’s a legal component—like you’re in litigation with a company and you just can’t say anything yet,” says Thiboutot.

The Community Associations Institute (CAI), an international membership organization providing resources for homeowner and community associations, has published a set of 12 “Governance Guidelines” designed to help association board members “increase harmony, reduce conflict and build stronger, more successful communities,” promotes open communication between homeowners and boards. “Share critical information and rationale with residents about budgets, reserve funding, special assessments and other issues that could impact their financial obligations to the association,” the guidelines suggest. “Give members an opportunity before final decisions are made to ask questions of a representative who is fully familiar with these financial issues.”

Managing those relationships and sharing—as openly and as legally as possible—can go a long way in mitigating negative responses among unit owners. 

What They Can and Cannot Say

Communication, professionals suggest, is always good, but the reality is that not every question can be answered. As with any large business or entity, there can be legal restrictions in how much boards and managers ultimately can share with residents and owners. The types and amount of information that boards can share with individual residents are generally laid out in governing documents and state laws. 

In Massachusetts, for example, “there are documents that are required to be shown to unit owners, under Section 10 of the Condominium Statute, Massachusetts General Laws Chapter 183A,” says attorney Frank Flynn of the Flynn Law Group in Boston. That law, he notes, requires associations to keep records and allow unit owners to see them, including contracts with vendors and outstanding bills, along with the Master Deed, bylaws, insurance policies, meeting minutes and a host of financial records. Homeowners also have the right to get copies of documents covered by the law; the copies are at the expense of the person seeking them.

At the same time, notes Attorney Richard E. Brooks, a partner at the law firm of Marcus, Errico, Emmer & Brooks, P.C. in Braintree, Massachusetts, “There isn’t a requirement to keep minutes under MGL 183A. If they exist, there isn’t a requirement to publish them. There is a requirement to have them available to be reviewed if they do exist (other than executive session minutes). The owner should send a written request to see a copy of the minutes and the board must provide reasonable access to review the same.”

Keeping the Channels Open

Despite some of the limitations that may exist in what types of information can be shared when a unit owner or shareholder requests it, the fact remains that open and strong communication can go a long way in ensuring a happy, well-adjusted building community. With the booming growth of technology, there are more ways than ever to share news and updates that affect the overall condo or HOA building community as a whole. 

“Depending on the circumstances, there are different ways to communicate,” says Fierstein. “If it is an emergency situation like the boiler or an elevator being out of service, we sometimes use blast emails or ‘robo’ calls. Posting notices is important as well. We also suggest to boards that they set up a building email address that residents can use to communicate with boards and management simultaneously.” 

“All buildings,” says Thiboutot, “are different; we try to stay in contact through the website and do email blasts or phone calls at certain properties. E-mail, phone and sometimes we’ll still do mail—like annual meetings go out through mail—but we’ll send out an e-mail to make sure.” He adds, “Technology is changing, so whatever way we can get out information, we’ll accommodate.”

Management plays an integral role in ensuring the steady flow of information to residents as well as making sure that boards and trustees maintain open channels of communication with unit owners. This is especially true in establishing the correct protocols for communication. “It is important to tell residents that their concerns must be put in writing,” says Fierstein. “Then the manager can easily forward emails or letters to the board for their evaluation.” 

And if residents find that their building’s manager is not fulfilling his or her duties in terms of answering questions or sharing information, then they should not be afraid to speak up. “Contact the owner of the management company immediately,” says Fierstein. “Do not let this simmer.” 

The Sounds of Silence

“The big buzzword now is transparency. If you aren’t communicating now you’ll be accused of not being transparent. There’s so many ways now to communicate that we do our best to communicate with residents as much as possible, or as much as the board will allow. Some boards are still resistant to change and don’t want to start e-mail blasting and things like that. Some places still just post notices in the building, but that’s changing more and more,” says Thiboutot.

Potential outcomes of not communicating well can range from litigation to the loss of positions on a board. 

As with any relationship, the one that exists between residents, board of trustee members and managers can be strengthened immeasurably with open, regularly maintained lines of communication. Without them, anxiety and suspicion can fester and grow, leading to headaches and even legal action among all involved. Talk in these instances is certainly not cheap, quite the contrary, it can be priceless in building a strong, happy community.

W.B. King is a freelance writer and a frequent contributor to New England Condominium. Associate Editor Pat Gale and staff writer John Zurz contributed to this article.