THE FINE LINE OF BEING A GOOD BOARD MEMBER
By
Eric Glazer, Esq.
Published June 3, 2019
I have always said that there is nothing worse than a Board
member simply taking up a chair at Board meetings and refusing
to participate or take a position on anything. They volunteered
for the title but refuse to do much more than come to the
occasional meeting. They won’t get bids, meet with contractors,
draft a letter, or get involved. They are almost entirely hands
off.
I was wrong. There is something worse…The Board member who
won’t listen to the experts they are supposed to be relying on.
If I had a nickel for every time a Board member second guessed
my legal opinion, I guess I would be retired by now. I’ve been
asked a million times, “what’s the best way to get a delinquent
owner to pay up?” “Why should we go to court and spend money?”
“Why should we let the owners vote on that issue?” “Why should
we do the election over?” I proceed to give my answer, only to
be ignored.
I can give examples until I’m blue in the face believe me. I
have also had countless telephone calls with managers asking me
for advice when the board or a particular board member won’t
listen to the manager, regardless of the fact that the manager
gave them sound competent advice completely in accord with
Florida law. When a Board member or entire Board won’t listen,
the only thing you can do is document your answer or advice in
writing and let the Board or Board member know what the
potential consequences are. You can lead a horse to water………
Some board members have been very successful in life. They have
operated businesses that have made them wealthy. They managed
that business in a certain way and believe that same management
style can be used in their condo or HOA. Then, they learn that
they are no longer a CEO or CFO and they only get one out of
five votes and they don’t get to control everything. They hate
that and are frustrated. The smart ones learn fast and
cooperate and try to get their fellow board members to see
things their way through intelligent persuasion. The arrogant
ones continue to ignore advice from the manager or attorney and
let the chips fall where they may.
I know it’s not easy being a board member. But if you’re going
to ask the advice of the professionals who work for your
association, you may want to take it once in a while.
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About
HOA & Condo Blog
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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
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decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He 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.
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