Page 18 - CooperatorNews Nevada EXPO 2021

18 COOPERATORNEWS NEVADA—
EXPO 2021
NEVADA.COOPERATORNEWS.COM
critical ingredient. “Some disputes are caused instances, members who find themselves out-
by a lack of understanding among board side the conflict—or even third parties, such hausting for the members who may well opt positions by answering questions and dis-
members as to the regulation and operation as a manager or legal counsel—may need to to resign rather than continue to ‘fight the cussing options regarding the matter at issue.
of the association and the function of the insert themselves into the melee in order to fight,’” says Davis. “That level of dysfunction Where the other board members or the expert
board, which can be due to the inexperience guide it to a reasonable solution.
of some of the directors,” explains Elizabeth
A. Bowen, a shareholder with Florida-based the big picture due to their perception of more cause for requesting legal opinions to in this manner, it often falls to the managing
law firm Siegfried Rivera. “To this end, a good certain people, and will be unable to make support or offset arguments among them-
management company with the ability to ef-
fectively communicate with a board regarding property manager with Maine Properties in on a board who is causing so much difficulty
the needs of the association is important.
“Truth be told,” Bowen continues, “some vote reaches a stalemate, I have had mediators sociation, there may be a political effort waged
board members assume their position with come in to resolve conflicts.”
aspirations of control and world domina-
tion—even if that world only consists of the before they spill out and create issues among split by faction, it will be up to the political
association. Those board members are po-
tentially the most difficult personalities to an odd number of members on a board so support in order to get things done by major-
incorporate into what should be a ‘team.’ It is that when a vote needs to be taken, the board ity.”
important for board members to remem-
ber that their function is to effectuate the
administration and governance of the as-
sociation pursuant to their best business
judgement. Sometimes that purpose gets
lost if directors come with personal agen-
das. Many times, an association’s general
counsel can act as an experienced ‘voice of
reason’ and assist the board in attempting
to move through its difficulties to keep the
corporation moving forward.”
“In a harmonious board, members are
genuinely committed to either supporting
or opposing matters that come to them,
based on whether or not those matters are
in the best interests of the building and its can move forward,” without being stuck with be helpful for each member to reiterate what
residents,” adds attorney Michael E. Fleiss, a a tied vote, notes Robin B. Steiner, president they ‘heard’ another member say, as it can be
partner at Schwartz Sladkus Reich Greenberg of RMR Residential Realty, LLC, in Elms-
Atlas, LLP, a law firm in New York City. “Also, ford, New York. “But, while it shouldn’t hap-
the members are free of hardline or absolutist pen, sometimes the losing side of a vote will bers can realize their differences in commu-
positions when it comes to the building and express their disdain for the decision to the nication styles, it can help push through and
building-related issues. For example, instead community at large, and all of a sudden gossip resolve issues. But, at certain times, there is
of insisting that maintenance or common is circulating at breakneck speed.”
charges must never be increased, or that the
lobby must be renovated before any other for a vacant position on a board specifically to understand that it is their fiduciary respon-
project is undertaken, they’re willing to ad-
just if necessary to best address the conditions current board is doing things. Even before ity.”
and situations with which they are presented. running, this person may have made inflam-
This does not necessarily mean abandoning matory statements toward the board, which helpful in placating feuding residents, it’s
wholesale the positions they espoused when can lead to tensions, should that person get rarely useful in the board context, according
running for the board, or their deeply-held elected.
views about how best to manage the building.
But it does mean being open to consider a va-
riety of possible options.
“Finally,” Fleiss continues, “effective board says Barbara Holland, a regional manager best interests of the building and its residents.
members respect the views of experts regard-
ing matters within those experts’ fields. Few “Managers need to be proactive in recogniz-
board members—even long-serving ones—
can master every detail of the many subjects scenarios. We have so many responsibilities—
they must deal with. That’s why boards retain you immediately think about the law and fi-
architects, accountants, lawyers, and manag-
ing agents, and why successful boards have juggling personalities is also a big one. When ple—or managing agents can assist in arriving
different members with construction, finan-
cial, and legal backgrounds. Harmonious you need to discuss with everyone is relation-
boards give appropriate weight to the expert ships, and how the board should go about
opinions of their members and of the profes-
sionals they hire.”
Fighting toward Consensus
While some minor conflicts can be al-
lowed to simply blow over, some intra-board want to ensure that they do so in a profes-
friction can escalate, or become entrenched sional manner. Many associations have a code dations—to try and bring the views of those
to the point that it’s unlikely to resolve itself of ethics, and part of that code dictates these disagreeing members closer together. In other
without some kind of intervention. In these relationships.”
“Occasionally, board members can’t see the association, as board members may have tween two stridently opposed board members
rational decisions,” adds Edie Davis, senior selves. Occasionally, when there is a bad actor
Portland, Maine. “On the rare occasion that a that it interferes with the function of the as-
It’s important to handle matters internally through a statutory process. If the board is
the broader association. “Generally, there is savvy of willing directors to form coalitions of
Sometimes, an individual owner runs When that happens, the board members need
because they have a problem with how the sibility to support the decision of the major-
“Often, this is the type of person who dent third-party facilitator may even result in
is quite active on social media, and fancies agreement purely for the sake of agreeing; that
themselves the lone messiah on the board,” is, an agreement that is not necessarily in the
with FirstService Residential in Las Vegas. Plus, formal mediation typically involves fi-
ing personalities in order to deal with these mediator—which boards may be hesitant
nance and maintenance and insurance—but chitects, accountants, attorneys, for exam-
you have that first meeting, one of the things at a bipartisan solution to an issue on which
doing business with one another. You need “such ‘mediation’ may involve little more than
to help them create goals, an objective, and other board members discussing an issue
a mission statement that they can advance as with two diametrically opposed colleagues
a cohesive unit. It’s okay to disagree, but you at a meeting of the board, using the available
“Serving on a dysfunctional board is ex-
also typically leads to increased expenses for cannot or will not ‘mediate’ a resolution be-
to have that member recalled by membership
The Third-Party Solution
Key to communication is listening. And
if board members are not listening to each
other, bringing in a neutral party may help to
open their ears. “When board members are
diametrically opposed, it may be time to call
in a professional from a field related to the
argument at hand,” advises Straits. “Even if
that professional is saying the same thing as a
particular board member, the others may be
more open to hearing the message if articu-
lated by an experienced outsider.
“And,” Straits continues, “many arguments
come down to the individual communica-
tion styles of specific board members. It can
surprising to hear members repeat what they
thought they had just heard. If differing mem-
no resolution that is satisfactory to everyone.
While mediation can occasionally be
to Fleiss. “Formal mediation by an indepen-
nancial costs—including to compensate the
to incur. But informal ‘mediation’ by fellow
board members, relevant professionals—ar-
certain board members are in disagreement.
“In some circumstances,” Fleiss continues,
information—including expert recommen-
circumstances, the relevant professionals may
try to bridge gaps between board members’
agent to do so.”
n
Mike Odenthal is a frequent contributor to
CooperatorNews.
MANAGING...
continued from page 1
says. “Thirty years ago, there wasn’t an inter-
net. Now I get north of 300 emails daily. This
isn’t a criticism, but we now communicate
24 hours per day, 365 days per year. Email
has substantially changed my life. Where we
were virtually dead during the summer, now
people fire off emails while sitting at the pool
sipping a piña colada. People can contact you
all the time from wherever they are.”
Jeanne Tarantino, a community manager
with 30 years in the industry, is with Associa,
a national management company. She man-
ages communities in Reno, Nevada, and says
that the communication cycle has been accel-
erated to a breakneck pace. “You used to have
three days or a week, even 10 days to respond
to people. Now it’s immediate, no down time.
I get over 100 emails a day. It’s very hard to
keep up with that.”
Scott Wolf, a managing partner with Brigs,
LLC, a New England-based real estate man-
agement firm, concurs. “I’d like to get rid of
email,” he says. “Everyone’s expectation is
an instant answer—but there’s something to
be said for actually picking up a phone and
speaking with people. With direct contact it
may be easier to resolve an issue a little faster
and more easily.”
“The internet has changed the focus of
how we communicate with people,” says
Wollman. “Fewer people use the phone or
talk face-to-face. Where I used to get 10 calls,
I now get 30 emails. The thing is that in our
business, there are many times when a prob-
lem is better handled in a more personal way
than email provides for.”
There’s an App for That
While advances in communication tech-
nologies have changed the way managers
work and allot their time, they do see benefits
in it as well. “With the advent of the internet
and online communications, one can accom-
plish things more quickly, even though more
people are contacting you,” says Wollman. “It’s
also less stressful. You don’t have people angry
at you all the time,” he adds, with a chuckle.
“It’s also easier to deliver bad news!” While
email does offer some remove from direct
confrontation, it can also make some feel en-
titled to be much harsher than they might be
face-to-face—and it can often flatten out nu-
THE EVOLUTION...
continued from page 1
“Managers need to be
proactive in recognizing
personalities in order
to deal with these
scenarios.”
— Barbara Holland
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