Page 7 - Nevada Cooperator January 2019

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THE NEVADA COOPERATOR —
JANUARY 2019
7
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Non-Resident Board Members
Managing Absentee Decision Makers
BY MIKE ODENTHAL
A
n individual’s interest in their com-
munity association is rarely solely
financial. In most cases, a building
or HOA is also that individual’s home. And
as such, they’re motivated to contribute
positively to its quality of life, neighborhood
congeniality, and aesthetics – just to name
a few factors that make a place somewhere
people love to live. For that reason, most of
the people who volunteer to serve on their
association board are full-time residents of
said association.
This is not always the case, however. Oc-
casionally those who do not reside in an as-
sociation pursue board membership – usu-
ally due to some combination of free time
and personal and/or financial interests.
While there’s nothing inherently problem-
atic with having non-residents on a co-op
or condo board, it does present certain con-
siderations. Here, association experts delve
into what may motivate these non-resident
members; whether or not they pose a con-
flict with the members who do call the com-
munity home; and how potentially differing
interests can coexist harmoniously and pro-
ductively.
Motivating Factors
When a person who does not live in an
association year-round runs for a board po-
sition, voters should evaluate that candidate
with much the same criteria they would a
full-time resident: what is motivating this
individual to seek a board position, and will
that person put the interests of the greater
association above his or her own?
“Over the years, we have represented
some boards with non-resident members,”
says James A. Slowikowski, a partner at law members. The main difference I often see much as when those decisions are made.”
firm Dickler, Kahn, Slowikowski & Zavell, is that the snowbirds often will want to put
Ltd., which has offices in Chicago and Ar-
lington Heights, Illinois. “Sometimes the spring, when they will be back on site – and seasonal absconder. “They typically re-
member lives locally, but is not a resident that’s usually in proportion to the number side locally, but just not on the property,”
in the association. In other instances, the of snowbirds serving on the board. When Slowikowski continues. “Strictly speaking
members are snowbirds, and as such they one or more are away, board business tends from a legal perspective, all board members
are ‘absent’ for several months at a time, but to be conducted only as needed. On the have the same duty to act in the best inter-
otherwise live at the property.
“I think there is only a slight difference sooner than they normally would, such as not matter. But from a practical perspective,
between those two types of non-resident working on the annual budget before those we do see some differences as to how they
board members,” he continues. “The snow-
birds generally think like resident board ing of when things get done is what is most
off projects or certain business until the ber presents a different dynamic than the
other hand, some things may be addressed ests of the association, and residency should
snowbirds depart for the winter. So the tim-
affected – not the substantive decisions, so
The full-time non-resident board mem-
approach their duties.
MANAGEMENT
continued on page 14
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