To achieve effective communications between homeowners
and their community association, it is important to understand
the authority that belongs to the property management company,
the board members individually, and the board as a whole.
Depending on the nature of the issue, the management
company may be able to solve a problem quickly wherein the homeowner
is pleased. However, at other times, the management firm may
not have the authority to swiftly accomplish what the homeowner
has in mind. When that occurs, frustration and conflict may ensue.
Can this situation be avoided? To better understand,
let's remind ourselves that the management company serves as
the agent of the association's board of directors. As agent,
the manager takes direction from the board and follows policies
adopted by the board. Neither the individual property management
representative nor the management company has the self-governing
authority or the power to make or change board decisions. The
designated property manager may be unable to do certain things
without board approval. While this agent does facilitate communication
between the board and members and often makes recommendations
for decisions, the board is the deciding body. Similarly, an
individual board member does not have the authority to initiate
certain measures without the approval of fellow board members.
In fact, many crucial decisions that ensure a well-run HOA require
a vote by the entire board of directors.
It is not uncommon for a homeowner to ask the property
manager to take certain action to assist that homeowner. However,
that manager may not have been granted authority to make decisions
on behalf of the board. It is typically inappropriate and contrary
to contractual limitations for a property manager to assume unrestricted
authority to decide certain issues prior to a board meeting addressing
same. Sometimes, in an effort to obtain immediate service, a
homeowner may have difficulty accepting this reality. Respectively,
it may be helpful to understand why some homeowners might prefer
for the management company to assume the authority and bypass
the board's decision making process. Consider the following:
- Mistrust: If a board communicates
poorly, or has issued unpopular edicts, homeowners will be
leery and suspicious of a board's ability to make the correct
decision on their behalf.
- Past failures: If there is a
history of problematic board decisions, such as failure to
allocate reserve money for maintenance, then resistance and
distrust are assured.
- Buyer's remorse: Some homeowners
move into a covenant-restricted neighborhood without realizing
the requirement to abide by the governing documents and rules.
(A recent survey by a leading community association management
firm in Florida found that 31 percent of respondents who
live in a neighborhood with a homeowners association become
aware of the rules prohibiting certain activities only after
they moved in.)
- Speed of decisions: In the world
that we live in today, people expect timely results. The
homeowner doesn't want to wait and often wants the issue
addressed now.
Consider these ways that your association can help
to facilitate communication:
- Adopt policies to handle routine items that the management
company can follow without having to go to the board each
and every time a routine approval is needed.
- Hold consistent board meetings. If the owner can be told
exactly when the meeting will be held and a decision reached,
the wait becomes more palatable.
- When you have homeowner items on the agenda, make sure
that time is allocated to address them.
- Have a reply sent immediately to the homeowner after
the decision is reached and, if possible, state the reason
for the decision.
- Promptly give every member an equal opportunity to address
the board when requested.
- Provide a newsletter and/or a website that keeps members
informed of policies, procedures and current matters of
the board.
From a homeowner's standpoint, it is a good idea
to get involved in the governance of one's association. Attending
board meetings, serving on committees and running for the board
are excellent ways to learn how your association really works.
Some homeowners view the level of conformity required
of residents in a homeowners association as a sacrificial loss
of their rights. However, most people enjoy the stability, structure
and self-governance that are part of every community association.
They appreciate the rules that protect and maintain the quality
and value of their investment. Key to success is a board of directors
that works to promote harmony among the owners and does what
it can to make swift and fair decisions for the benefit of all.
