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| by Seth Emmer, Esq. | ||
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In past columns I have
written about the need for boards to communicate with the owners on a
regular basis. Unfortunately, owners tend to become suspicious of
“what is going on” when their contact with or from the board is
limited to annual meeting or some isolated memo or letter which, more
often than not, is announcing some unpleasant fact, such as a special
assessment. To lessen this problem I have previously suggested mailing
copies of each month’s board minutes or publishing a monthly or
quarterly newsletter.
Critics, however, point out that proper minutes are only
reflections of what was decided and newsletters often put the board’s
desired “spin” on the subject. Thus, another method to dispel this
suspicion is in order. The simplest and most obvious is for the board to
have open meetings.
For reasons which continue to elude me, many boards meet in
private. Often this is done to avoid disruption. That, however, can be
controlled in other ways which I will discuss in what follows. Except to
discuss sensitive matters such as pending litigation, personnel issues
or deliberations concerning the imposition of fines, there are few
things which warrant a closed discussion. Rather, as state open meeting
laws provide (no these laws are not applicable to associations, but they
provide excellent guidance) most board meetings should be open.
But you respond, we hold our meetings in one of the board
member’s homes. Certainly we shouldn’t have to have hordes of owners
present. If a clubhouse or meeting room is not available, then I suggest
the need to have meetings in a board members home should not be a basis
to close them. In reality, except in the rare instance that a
controversial matter is to be discussed, owner attendance will be
sparse, if at all. So long as owners can attend, it is more than likely
that they won’t. What is important is that they can come if they want.
The issue then becomes, what role should owners get to pay in the
meeting if they do attend. Basically, they are there just to observe,
not participate. Just as citizens attend council meetings and other
public meetings and observe, they do not get to participate unless they
are there for a particular purpose which is set on the agenda. The
variance to this is that there should be a period, either at the
beginning of the meeting, or at the end, when there is an open owners’
forum. During that period owners who attend should be able to address
the board on whatever matter they wish, so long as it relates to the
association.
Various arguments exist concerning whether this owner forum
should be at the beginning or end of the meeting. If the forum is at the
beginning, the board can then have the balance of the time for its
subjects. On the other hand, if at the end, the board agenda is more
likely to be completed. Either has its advantages and disadvantages.
What is important is that the owners have an opportunity to be heard.
In having owner forums it is important that board members not
engage in arguments or debates with the presenting owner. Rather,
courteous listening is in order. Likewise, the ground rules must provide
that owners who address the board are required to comport themselves
properly. Should on owner fail to observe this rule, they should be
ruled out of order and asked to leave. Should that fail, the meeting
should be adjourned. This possibility may well suggest that the forum is
at the end of the meeting. Following this procedure may at times create additional burdens on boards. As all board members know, however, their job is far from easy. This additional burden will, I suggest, go a long way to dispelling the suspicion held by my owners. |
|
Marcus, Errico, Emmer & Brooks, P.C. |
| 45 Braintree Hill Office Park, Braintree, MA 02184 |
| Telephone: (781) 843-5000 Fax: (781) 843-1529 |
| E-mail: law@meeb.com |