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Condominium Board Member Certification by KBR Legal

Condominium Board Member Certification by KBR Legal

  • Posted: Nov 29, 2023
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Condominium Board Member Certification

Nov 30, 2023 02:00 PM

Course # 9630075

Instructor: Kerstin Henze, Esq. of KBR Legal

This webinar covers the essentials of condominium board membership, updated regularly to remain current with legislative amendments to Florida’s Condominium Act. In addition, this webinar satisfies Florida’s requirement for new condominium board members. It also serves as an excellent refresher course. Licensed CAMS will receive two (2) CE credits as IFM or ELE.

Register NOW: 

https://us02web.zoom.us/webinar/register/WN_-UDSvuIFSA6z1uRsnF-_ww#/registration

 

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Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

Condo Craze & HOA’s” (RADIO SHOW) on 850AM/WFTL & YouTube with Eric Glazer Sundays 11am-12noon.

Board Members, Owners and Managers are you watching or Listening to>

Condo Craze & HOA’s” (RADIO SHOW)

on 850AM/WFTL & YouTube with Eric Glazer

Sundays 11am-12noon.

Eric M. Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

Keep up to date with condo and hoa laws!

Ask Questions on air!

Watch and or Listen Every Sunday Morning

 

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VIDEO: Community Association Elections | Q&A Webinar | Kaye Bender Rembaum

VIDEO: Community Association Elections | Q&A Webinar | Kaye Bender Rembaum

  • Posted: Nov 14, 2023
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Community Association Elections | Q&A Follow-up Video Webinar | Kaye Bender Rembaum

KBR Attorney Allison L. Hertz returns to answer some of the audience questions from her CE credit Elections webinar. This video is for informational purposes only and is not to be considered as legal advice.

 

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ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH
This season, more than any other of late, the issue of condominium election ballot verification reared up. The condominium election process is unique and very regulated. In addition to many other requirements, ballots are to be placed in an inner plain and unmarked envelope which is to be placed inside a larger envelope which must, as per Florida law, contain the unit owner’s name, address, unit number and signature. As part of the election process, this information is later verified against the associations’ membership records to ensure that only the unit owner, or the unit owner’s designated voter, cast their ballot. It is the plain inner envelope that guarantees anonymity.

Given the sheer volume of units in many condominium communities, which translates to the number of ballots that can be received, the process of tabulating the ballots can take hours. To speed things up, some condominium communities prefer to verify the outer envelope information in advance of the election ballot tabulation that takes place during the annual members’ meeting. That said, and what may come as a surprise to some, is that you cannot just start verifying the outer envelopes. If you do, then your entire election is subject to challenge. Tampering with the election materials creates an inescapable cloud over the entire election process from which there is no escape, but a new election. It is so simple to avoid, too.

 

Section 61B-23.0021, of the Florida Administrative Code, details the verification process as follows: “Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses: 1) Current board members; 2) Officers; and 3) Candidates for the board. At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked ‘Disregarded’ or with words of similar import, and any ballots contained therein shall not be counted.” Now you know how to have your cake and eat it, too. Just follow the simple procedures to verify the outer envelopes and you can be home in time for the 10:00 P.M. news.

 

Once you are elected to the board, make certain the directors’ and officers’ liability coverage is in place. In most instances, a board member’s duty is to exercise their reasonable business judgment. They can make decisions that later turn out great or bad, but so long as they acted reasonably under the circumstances, and without malicious intent, the association’s insurer typically stands by their coverage obligations. Noteworthy is that, as related to procurement of insurance, a condominium board member’s statutory duty as set out in s. 718.111(11), Fla. Stat, is one of “best efforts”. Casualties of all sorts can occur at any time. For example, just look to the recent tragedy that led to the death of Trayvon Martin.

 

Friends, family and clients are all asking, will George Zimmerman’s homeowners’ association be sued? Yes, most likely it will. That is one deep pocket not likely to be missed. We could also see intentional tort claims brought against the individual directors by the victim’s family. If such claims are victorious, then it’s the individual directors who are liable, not the association’s insurer. Under the circumstances, as reported thus far, a finding of individual board member liability is not unlikely.

The more difficult question to answer is whether the HOA will have liability for its actions or failures to act? Was the association, based on the acts of its boards (both past and present) negligent or grossly negligent (reckless disregard that rises to such a level so as to appear to be an almost willful violation of the safety of others)? If so, the insurers would likely fight to pay only their fractionalized share of the association’s blame. This is referred to as “contributory negligence” where each culpable party pays their share of the blame. You might also hear about some court activity where the plaintiffs try to force the association to suffer its judgment separate from the other defendants. Doing so could create opportunity for larger settlements and judgments. Think of it this way, would you rather receive just $1,000 from 10 people, or have 10 people each give you $1,000?

 

In many ways, suing a homeowners’ association is like suing a successful, well capitalized corporation. Without proper insurance coverage in place, a judgment against your association would also be your next special assessment. Make sure your association’s insurance professional is made aware of all activities taking place in your community, from watch committee activity to use of the clubhouse by private organizations. Crime and accidents occur everywhere, at any time, when you least expect it and without notice. Advance planning is your only defense.

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SO HOW ARE ELECTIONS GOING TO WORK?  By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK? By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK?

By Eric Glazer, Esq.

Unfortunately, it looks as if we will still need to social distance when it’s time for our annual elections.  So how do we do this practically?

In a condominium, it’s much easier than an HOA to run the election with social distancing because the procedures allow for mail-in ballots.  The association must still have an in person  “annual meeting” but it can be very small, with only a few people showing up while everyone else tunes in to watch live on their computer.

The votes can be counted by any volunteers in attendance, or the ballots can be forwarded to counsel for the association, who, with volunteers appointed by the board in advance, can count the ballots at the attorney’s office — and everyone can watch live on their computer.  It really is no big deal.

It’s more complicated in an HOA however, because typically HOAs don’t follow the same election procedures that condos do.  Ballots are not mailed in.  People must vote in person, after nominations are taken from the floor.  And, after nominations are taken from the floor, parcel owners are then given a ballot and asked to write in the names of the candidates of their choice. How can nominations be taken from the floor if people are afraid to go to “the floor?”  How can we distribute paper ballots to people who are logged on by the computer?  The truth is….we can’t.

So for HOAs who have real concerns that their election process will be tainted because it’s impossible to comply with the procedural election requirements of their bylaws, I have a suggestion.  AMEND YOUR BYLAWS AND DO IT NOW.  I always thought the HOA election process stinks and that the condo statute is far superior.  Well, now is a perfect time to convince your community that if they want fair elections to occur in their community and that will allow them to vote from home during a pandemic, their docs need amending now.

 

As Eric mentions, amended the HOA By-laws now. It is much easier to amend the By-laws as opposed to the Declarations.

Comment -There is a BIG difference between a Condo and HOA. Two different laws, one association is regulated by the DBPR (Condo) and the other is a half baked regulation for only recalls and elections by the DBPR. HOAs are at the greatest risk. It allows elections to be held in accordance with the antiquated by-laws of the Governing Documents. There are over 10 different ways to hold an election because there are so many variables in the individual by-laws. It is hard enough to hold an HOA election because of quorum requirements. No wonder property owners ignore HOA annual meeting elections and board meetings. It was so simple pre-FS 720.

 

 

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Feller Engineering – From high rise office buildings, condominiums and hotels to large single family homes, regional malls, industrial warehouses, airports, municipal and Federal facilities, sports arenas and much more.

Feller Engineering – From high rise office buildings, condominiums and hotels to large single family homes, regional malls, industrial warehouses, airports, municipal and Federal facilities, sports arenas and much more.

Feller Engineering
myenni@fellerpe.com
cdiaz@fellerpe.com
914-467-1402
http://www.fellerpe.com

 

Our commitment to the team concept requires that the mechanical and electrical engineering of a project support the architectural and interior design concepts which have been approved by the client. As engineers, we look for inventive methods and solutions to maintain the integrity of the design, comply with codes and meet expected probable construction costs.

We have chosen consciously to remain a mid-size firm enabling Feller Engineering’s associates, officers and principals to provide personal attention to our client’s needs, assure that all the project requirements are met without over or under design, and that they are within the agreed budget.

We are not only committed to the design areas of the project, but once the construction documents are completed and the contractors are selected, we will meet with the client/architect and the assigned contractors to review the MEP design and resolve any areas of concern. During the construction of the project, our company commits itself to prompt shop drawing review and periodic site observations to assure that the project’s design intent and compliance with code are being met. The contractor’s requests for information or clarifications, extensive final punch listing and witness testings of the completed MEP construction are performed promptly and professionally.

This commitment assures the client that Feller Engineering will not only provide the design for the project, but will also provide engineering services through the entire construction and startup occupancy phases. Additionally, we remain available to resolve any issues that arise naturally or as a result of system changes as the project ages.

 

“RIMKUS” IS A WORLDWIDE LEADER IN ENGINEERING, CONSTRUCTION MANAGEMENT AND CONSULTING AND SO MUCH MORE.

“RIMKUS” IS A WORLDWIDE LEADER IN ENGINEERING, CONSTRUCTION MANAGEMENT AND CONSULTING AND SO MUCH MORE.

“RIMKUS” ENGINEERING, CONSTRUCTION MANAGEMENT, CONSULTING AND SO MUCH MORE…

FOR THOSE OF YOU WHO NEED ANY ASSISTANCE WITH YOUR 30, 40 OR 50 YEAR INSPECTIONS, CALCULATING AND PREPARING YOUR NEW RESERVE STUDIES OR NEED REPAIRS TO YOUR CONDOMINIUM PROPERTY — WATCH THEIR ONE MINUTE VIDEO.


Building Envelope Assessments

 The Rimkus Architecture, Engineering, and Construction (AEC) Building Envelope Services team can provide a complete assessment of a structure’s building envelope (façades, roofs, windows, balconies, walkways, parking areas, etc.) describing the condition of such and all items in need of repair. A recommended timeline and a projected construction cost will also be provided to assist the owner in projecting future budgets.For a full survey of all building components, Rimkus can increase the scope of the survey and provide a full Property Condition Assessment (P.C.A.) including mechanical, electrical and plumbing systems, elevators, and interiors.Building Envelope Assessments and PCAs are typically provided with 5- or 10-year projections; however, they may be customized to the client’s needs. These reports can be utilized as a tool to help create capital expenditure budgets and establish maintenance schedules.

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency. Our building envelope services include:

  • Façade Inspections
  • Façade Restoration
  • Building Envelope Assessments
  • Roof Consulting
  • Waterproofing and Weatherproofing Assessments and Design
  • Historic Preservation
  • Pavement Engineering

RIMKUS

http://www.rimkus.com

AECAssignments@rimkus.com

800-580-3228

 

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ANNUAL MEETING TIPS FOR ASSOCIATIONS

ANNUAL MEETING TIPS FOR ASSOCIATIONS

ANNUAL MEETING TIPS FOR ASSOCIATIONS

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM, Royale Management Services, Inc.

 

As associations plan their annual meetings, these reminders and specific steps will be useful.

The annual meeting is a membership meeting in which every member can and should participate. Participation comes through properly-made motions, seconds, taking part in the discussion of motions and through voting.

The first order of business he is to appoint the chairperson to run the meeting.  The chairperson can be anyone who the members agree should chair the meeting.  In many associations the board president chairs the meeting; however, this requires approval of the members. Some associations ask their manager or attorney to chair the meeting.  This is acceptable as long as it is approved by the membership.  In large associations having a professional chair the meeting can help to keep it on track and see that the required business gets done properly.

A motion as to who shall chair the meeting can be made by any member of the association.  This motion must be seconded and then voted on by the members present. If the motion is approved by a majority of the member’s present, the chairperson is elected for the meeting.
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Making the most of any  community’s operating budget and improving the lifestyles of its residents.

Making the most of any community’s operating budget and improving the lifestyles of its residents.

  • Posted: Nov 06, 2023
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Working with vendors is a large part of serving on the board of a managed community.

Every community has outside partners for services like landscaping, sanitation, cable and Internet provision, pool maintenance, plumbing, blacktop, valet services and more. Finding and learning what they do and how they can help.

Open and effective communication among the board, the management company and the vendors employed by the association is an important part of making the most of any community’s operating budget and improving the lifestyles of its residents. Focusing on great communication and why it matters.

Sherwin-Williams

What can happen if communication among those entities isn’t consistent, open and effective? “Ineffective communication with vendors can cost your community money, but more importantly, it can result in loss of trust,” according to Frank Mari, executive director of SFPMA.ORG  “That means trust that the residents have in both the management company and the board, and also the trust the board has in the management company to manage vendors and recommend the right vendors for the community. As they need qualified vendors they find many on SFPMA’s Members Directory to select from.”

Poor communication with vendors can cost your association money too. If you don’t understand the details in a contract and don’t keep an open line for questions and clarifications, you may not realize that your community isn’t getting the services you think you are signing up for…. and then you will need to pay for the missing elements separately, impacting your operating budget.

Mr.Mari says “Talk to your landscaper in the middle of winter, not just spring and summer,” he directed. “If you’re an auditor, check in with the board and management company a few times of year, not just when the audit needs to be done.” Call them ask them to do a walk through of your buildings and communities, Preventive Maintenance is Key.

If you aren’t sure whether or not your current property management maintains open communication with vendors, ask! It’s important to make sure that outside vendors operate in the best interests of your community. We are all well-versed in the importance of vendor relationships and effective communication,” Frank explained. “Boards appreciate that we bring that additional level of support. Because of the trust we create with our vendors, almost any situation between boards and vendors can be resolved fairly.”

Speaking the language A basic part of communication is simply understanding the language each party is speaking. Most board members are not going to be experts in all the areas of running a
managed community, but it’s important that you have a basic knowledge of the terminology being used. Board members are expected and required to execute contracts related to things like
landscaping and other topics they may not be previously familiar with,” Talk to your Property Manager and include your Law Firm with contracts. “That fiduciary responsibility means that they need to understand what they are signing, what the work entails. It’s not enough to just consider price. Board members need to know more about what vendors are doing in order to make sure it’s being done.”

All HOA and Condo boards should be involved early in vendor selection discussions and leave the details of execution to the management company. It is important the board communicate any critical elements of their vision for the community to the vendor and be clear about what they require from each potential vendor they meet with. Board members must know enough to
understand what they should expect, what level of service is being provided for their community and what reasonable expectations are for that vendor. A landscaping company
that cares for a dozen large properties isn’t going to hand-prune every shrub, but that may be what some board members expect because they don’t yet understand the basics of large-scale landscaping,” “Of course, a self-managed community is going require more knowledge from the board members as far as monitoring the work being done and knowing that contracts are being fulfilled properly. Having a professional management company involved takes that responsibility off board members, because we know best practices, thanks to our experience managing multiple communities.” If you are looking for a Management Company

Find Top Florida Companies on our Members Directory.

How can boards and management companies know they are up-to-date on the terminology and jargon being used by their vendors? Many management companies are SFPMA Members themselves, With this membership there are educational seminars or round tables that let board members hear directly from vendors. “In addition to our in-house educational opportunities, I suggest that board members go to home shows, garden shows and other trade events so they can interact directly with vendors and pick up literature on the latest techniques and products,”.

sfpma.com - network, educate with Florida's Property management industryI tell my members to spend time at meetings, seminars and expos at every one of them get to know the vendors, Collect brochures.  Build those relationships. Listen to the keynote speakers as well. Over the years, vendors have shared with me how they have been impacted by SFPMA and how it makes them want to be part of our success. Obviously, you learn a lot that you take back to their boards and educate them on new information.

All of our members, partners and board members are asked to focus on professional development and educational opportunities that are offered by our Association to our Industry. vendors in many different disciplines host events that allow property managers to earn continuing education credits, and that many welcome board member attendance as well.

When you get to know vendors, you’re ready to work with them as partners, to optimize your community association’s budget and improve the lifestyles of the residents in your community.

South Florida Property Management Association can help you work with vendors to make the most of your association’s budgets by learning about the Top Companies working in our Industry.

www.sfpma.org

Become a Member Today!

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Who is SFPMA ? -We are a member organization for Florida’s Condo, HOA and Property Management Industry.

Who is SFPMA ? -We are a member organization for Florida’s Condo, HOA and Property Management Industry.

  • Posted: Oct 23, 2023
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We are a member organization for Florida’s Condo, HOA and Property Management Industry. SFPMA.COM

Our Goal is to promote the many member companies in our industry and get you in front of the decision makers.

Our team is made up of professionals who work in our industry. These leading professionals who genuinely want to see you succeed and who will be thoroughly committed to helping you achieve your goals.

Our Members include: Property Management Companies, Building Owners, HOA’s, Condo Boards, Self Managed Associations, Business and Service members throughout Florida.

Working with professionals at offices throughout Florida. We are dedicated exclusively to clients that work with condominium, homeowners associations and property managers.

 

  • It starts with your membership listing on the Florida Directory, where management professionals can easily find and select companies needed for getting repairs completed and requests for proposals on new projects.
  • Our Directory makes it easy for Condo & HOA Boards and Managers to find trusted companies throughout Florida. In addition our team helps them find the right companies for their buildings.
  • Every month we add events to our Calendar, many offer ECU Credits and Certifications for Board Members to Management Professionals. 
  • We market our members using many avenues, through industry articles written by members, advertising in our publications and direct emails sent each week to over 230,000 clients. 
  • On the business side are our committees that lobby on issues related directly to our industry with a voice in our state capital. They advocate to achieve our goals and the goals for our members. 

*Join the State of Florida Property Management Association: ( sfpma.com ) Be found on our members directory by clients looking for the services you provide.

this week over 140. calls came in asking us if we are a property management company. we took the time to let these clients know about us, they were vendors trying to get infront of the decision makers for their services…Many of them are now members of sfpma.

Keep reading our Email blasts for all the new members, with such a large amount of new members we are doing our best to add all of them with all of their company information.

We are adding to our directory, redesigning and adding Category Pages. We are also working on our magazine, with  new info and new look it will be packed with more helpful information for our industry. Florida Rising Magazine

 

Thank you from all of us at SFPMA! ~Frank J Mari / Executive Director

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Good leadership and governance for Florida Board Members by SFPMA

Good leadership and governance for Florida Board Members by SFPMA

  • Posted: Oct 23, 2023
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Good leadership and governance for Board Members

“Seven keys to a successful board meeting”

One of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

It sounds basic, but one of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

Boards, in general,  do well with more fundamental board members understanding responsibilities — understanding the organization’s mission and providing financial oversight. Conversely, they struggle most with external responsibilities, including fundraising, advocacy, and community-building and outreach. This lack of understanding of what is — and is not — a part of the board’s essential roles can lead to a whole host of dysfunctions, such as micromanagement, rogue decision-making, lack of engagement, and more.

Since it’s impossible to do a job well if you don’t know what the job is, all boards must take the time to ensure that every board member fully understands what’s expected and needed of him or her, and then hold all members accountable when they get off track.

This starts with an understanding of the fundamental legal duties of each individual board member, which include:

  • Duty of Care — Each board member has a legal responsibility to participate actively in making decisions on behalf of the organization and to exercise his or her best judgment while doing so.
  • Duty of Loyalty — Each board member must put the interests of the organization before their personal and professional interests when acting on behalf of the organization in a decision-making capacity. The organization’s needs come first.
  • Duty of Obedience — Board members bear the legal responsibility of ensuring that the organization complies with the applicable federal, state, and local laws and adheres to its mission.

 

Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

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