Neutrality

As a member of the board, your first responsibility is to your condo as well as your fellow owners and neighbors. It's not a small task and as it is largely a fiduciary responsibility, it's essential to stay neutral and impartial on community matters. This, however, is often easier said than done.

A truly effective board member should have either a solid business/management background or be a skilled communicator. A board member should be someone who can represent everyone unilaterally, and who doesn't have a specific personal agenda. They have to lead people and be nonjudgmental, and have the ability to work knowing that there may be some neighbors who don't agree.  Once you walk in the door as board member, take off your hat as an individual unit owner. Clearly it's a different mindset, and you must make decisions that are in the best interest of the entire community.

It is crucial to avoid the appearance of impropriety as well.  The board should allow the management company to handle day-to-day functions and avoid direct involvement with vendors.  Board members share a fiduciary responsibility to the association, which is a position of trust, and that's really what should guide them. From time to time, a board member might be involved in or at the center of a conflict. This is often the case when a board member's unit or personal property is involved in a dispute.  But as a member of a homeowners association, you are still entitled to the same rights as your neighbors. You don't have fewer rights just because you serve on the board. But you shouldn't use your position as a board member to unduly influence whatever process is going to take place.

Dealing with your Neighbors

Let's face it: when neighbors have something to say, they often won't wait until a meeting to confront board members. In fact, it's probably more common than not to approach board members at inappropriate times. Whether it's via e-mail, in the hallway or while you're spending time with family, there are tactful ways of handling such a situation.

When faced with that situation, a board member should remind the resident that you are only one of several board members, and that they should really direct questions in writing to the board and managing agent or management company, so an entire board can decide on an issue.

Today, it's just as common to see building matters in your inbox as it is to have a neighbor knocking on your door. The advent of e-mail might have made communication faster and easier, but resist the urge to respond to shareholders or residents in a casual tone. While this may sometimes be appropriate, co-op or condo-related issues should be handled with the professionalism they deserve, even when discussing matters via e-mail.

I don't think an e-mail is any different than a resident coming up to a board member in the lobby or pool. It depends on the subject, but really the question should be directed to entire board or management company. Especially if it's a substantial question, such as what's happening with litigation, a vendor or so on.

Professionalism

As a board member, it might be difficult to separate personal feelings from board obligations. If a meeting becomes heated or an issue hits too close to home, it can be nearly impossible to remain calm, unbiased and neutral.

Never attack the person who brings the issue up and keep it professional. Most issues over time are addressed and people move on. What people remember is how they are dealt with, and if they were treated respectfully as opposed to being treated disrespectfully.

There's always someone who's not going to agree with you, that's threatening to sue you, or an unhappy homeowner who may spread gossip in the community. Board members should act as leaders, and they should make decisions with their fellow board members. That gives them some relief from direct attack by owners. The board president should basically do the things that any corporate president would do - working with the board, letting the property manager do their job - and things generally flow a lot smoother that way.

Using good judgment also means knowing what not to reveal to your neighbors. There are some areas of board business that board members should never discuss with shareholders.

In areas where confidentiality needs to be maintained, you can't breach that with discussions with other residents.  These include personnel issues and litigation. Board members must keep an appropriate level of confidentiality in such matters. The rest is common sense. The community should expect a level of transparency in operations, but in certain situations there may be a need to maintain confidentiality, at least until issues are resolved.

Avoid discussing with residents or shareholders anything that impacts individual privacy, arrears, employment issues and any issues protected by attorney-client privilege. Those would be best discussed at an executive meeting, not an open meeting.  If you have any doubt as to whether it's a conflict, discuss it with the board attorney.

They may be your friends and neighbors, but fellow residents have to remember that board members must remain impartial in disputes. Every community should have a method to resolve disputes. Guide residents to that method. You're not there to resolve disputes and, as such, every Board should have a mediation process or committee in place, to help residents resolve disputes.

Remember: First and foremost, your responsibility as a board member is to the fellow owners you serve. Your community as a whole depends on an ethical board to keep everyone's investment safe. In many cases, the board is responsible for representing a large number of their neighbors, making it difficult to always act accordingly. Separating your personal interests and feelings from your position on the board might be difficult, but it's necessary to work in the best interest of your condo.

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