So you've decided to join your board. Good for you–after all, decisions are made by those who show up!
Unless you already have a deep bench of administrative or governing experience, it’s more than reasonable to expect that there will be many gaps in your understanding of how to deal with all the issues, complaints, and negotiations that you’ll have to address as a director of a multifamily building or association. Every board is different. Some are effective; some are perpetually in the weeds. Some are cohesive; some are chronically contentious. Things might be business-as-usual…or you might be stepping into a crisis.
Here are a few pro tips on what to expect in your new role on the board, and how to address some of the issues you’re likely to encounter.
People! (...for Better or Worse)
The first thing you must understand upon joining your board is that you’re dealing with other board members, who are (most likely) human beings. In a best-case scenario, you’ll be part of a professional organization that always looks at issues clinically, deliberates soberly, and communicates clearly…but the odds are against this. Boards are most often a random and mismatched set of personalities.
You’ll probably be working alongside some people who react emotionally when issues arise. People also tend to have biases, history that colors their decision-making, or even personal issues with one or more residents that might lead them to make inconsistent decisions. You may even be one of these people and not realize it!
The second thing you’ll learn is that your constituents will range from concerned residents to raving lunatics, with all stops in between. There’s no guarantee that any individual will be reasonable, no matter how sensible and professional you are in dealing with them.
As a board member, you will be dictating to your neighbors what they must or must not do in their own homes. People can get very agitated about that—even though they made the decision to belong to a co-op or HOA. The default position for many residents is to distrust those who are on the board, which can magnify this pushback.
While this is a reality that you should recognize, you must also recognize that it’s not personal—even though it’s possible that very personal comments may be lobbed in your direction. A wise board member learns to remain stoic and keep the source of frustration in mind. It’s easy to yell back at someone yelling at you, but it’s rarely productive! Vent at home behind closed doors—it’s more therapeutic.
In both of these understandings, the main point to recognize is that in joining your board, you’ve essentially become a politician. Given the word’s often-negative connotations, few people like to admit this—but it encapsulates the board member’s situation perfectly. So in order to be most effective (and also to maintain your own sanity), it’s best to hone your political skills. For example:
Choose your words carefully, both in written and verbal form. Most arguments (even the ones that scale up to vendettas) stem from an initial misunderstanding that may be relatively trivial—so try not to rush responses. Allow someone else to review important statements, look for ways that the meaning might accidentally be misinterpreted, and edit accordingly.
Consider your tone. Read the room, and know your audience. It’s fascinating how much using the right tone of voice, body language, or even a smile at the right time can help a difficult situation, and redirect anger into productive discussion.
Have a long fuse. This may be more of a personality trait than a skill, but it’s worth working on. The calmer you can be, either in trying to get a consensus among other board members or in explaining board decisions to residents, the more likely you’ll get to a reasonable conclusion. Anger usually loses arguments—or drags them out, which can be just as bad. Even if the conclusion is “let’s agree to disagree,” at least you’ll leave your counterpart(s) feeling that they’ve been heard–which is usually enough for you to be treated with respect in subsequent discussions.
Build alliances. If you’re on a board with a history of infighting, it’s wise to have one-on-one discussions with other board members offline to take their temperature on hot issues, rather than airing them in the full group. If you can come to an agreement with one or two allies in advance, you’ll have backing in the actual board meeting, which may help convince the majority.
Also, if there’s a particular issue that’s more important to you than it is to another board member, you might consider bartering—backing their position on an issue they care more about in exchange for their backing on yours. Obviously, it’s preferable not to have to resort to these types of ploys, but the boardroom can become a bit of an arena. It’s best to have a strategy rather than shouting your well-thought-out positions into the wind.
Okay…now that you’re aware of the pitfalls in dealing with people, what’s next?
Know Your Rules
HOAs and co-ops alike usually have two primary sets of rules: bylaws and house rules. What’s the difference?
Bylaws are formal documents that are submitted as approved to the state, defining things like “a quorum” or outlining legal responsibilities of ownership in standard legalese. Your bylaws include many “how to” rules, including important details, such as how to handle the replacement of board members who may quit mid-term or leave the board for other reasons. They may also contain caps on the board’s ability to spend or borrow money. Depending on the rules in your state, making modifications to bylaws is very difficult—it often requires 80% of the property owners to officially sign on and vote to approve an amendment.
Now, few people enjoy reading legal documents—and much of the text in your bylaws is likely dry, boilerplate legalese—but that doesn't mean that you shouldn’t review and understand it. Your bylaws are the administrative bedrock supporting your community, so it’s incumbent upon you to have a first-hand working understanding of them, and not just assume someone else has done it.
House Rules, on the other hand, normally cover the day-to-day, more operational types of rules. These can be modified and changed with minimal fuss—usually just with a simple majority of the board making a decision. House rules are generally written in clearer, more instructional language than bylaws, typically including straightforward items like “Residents may not park in front of the lobby entrance for more than 15 minutes.” Most resident complaints will be related to house rules violations, and as a board member, you will be asked to be judge and jury in addressing them, so you need to understand your house rules fully.
When updating or drafting new house rules, it’s important to focus on both the wording and the logic of what you’re drafting. If the wording of a rule is vague or unclear, residents penalized under that rule will argue that by their interpretation, they were within bounds, or deserve an exception. That’s why it’s important to use clear, unambiguous language in your house rules. If you have advisors with expertise, such as an attorney or a third party consultant, it’s a good idea to loop them in, just to get a fresh perspective and perhaps adjust the wording to guarantee understanding. That will save future hassles.
Other Topics & Questions to Ask
The array of challenges the typical board may face during its tenure is wide and varied. At any given time, you may find yourself dealing with:
• Physical and/or engineering issues, particularly in aging properties
• Legal and/or city ordinance issues
• Budgeting and financial forecasting
• Collections—including understanding what you can (and just as importantly, can’t) do to collect arrears
• Staffing and managing vendors
• Interpersonal disputes
And here are some questions you should keep in mind as you address those challenges:
• House rules and bylaws: “Are we allowed to do this?”
• Financial Impact: “Did we budget for this? How does this decision impact those on a fixed income?”
• Feasibility: “Are we wasting our time chasing something impossible?”
• Precedent: “Does this change the way we’ve been doing things to date? Does the way we’ve been doing things need to change?
• Downstream Impact: “If we do this, what might go wrong as a result?”
• Understanding Alternatives: “Are we missing anything? Is there a better way to do this?”
• Timing: “What’s the impact if we wait and take more time to decide?”
• Challenge the Premise: “Why are we doing this? How many people care about this issue, and what’s their motivation?”
So again, congratulations on joining your board! You may feel like you’ve jumped into the deep end of the pool without knowing how to swim, but help isn’t hard to find. Don't be afraid to look for assistance, whether from other board members, an experienced and trusted advisor like an attorney or managing agent, or the pages of a publication like this one. With guidance and commitment, you can be proud to be part of a team that will ensure that your home—and your neighbors’ homes—stays safe, enjoyable and valuable. Good luck!
David Teitelbaum has been the board president of the Ocean Club Condominium in Long Beach, NY for over 20 years, and is president of Boost Your Board, a platform designed to help co-op and condo boards operate with greater confidence, organization, and transparency. He may be reached at Dave@boostyourboard.com.
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