As lawyers, we often focus on whether the board has authority to take an action, the proper legal procedure for an action, the legal responsibilities of the association and the owners, and similar issues related to duty and authority. While the legal aspects of operating an association are important, it is vital board members, managers, and lawyers remember that communication between the board and members is just as important.

Think back to the last big, controversial decision the board made. Board members have a fiduciary duty to act in the best interests of the association as a whole. This frequently means making unpopular decisions such as adopting a special assessment, increasing regular assessments, amending documents, or closing an amenity because of a major repair or safety concern. Boards rarely make these decisions lightly or without examination of a lot of information and investigation of options. But most owners do not know this, so decisions may seem hasty or uninformed. To prevent owner criticism and obtain support for decisions boards must do more than hold open board meetings and send newsletters.

Boards should continue to encourage attendance at board meetings, even if only a few attend. These few can be recruited as ambassadors to spread the word. Newsletters and distribution of minutes are good communication mediums but not everyone reads them. So where does that leave board members and managers? You must begin communication at the start and continue it to the end. You must continuously communicate in as many mediums as possible, remembering that communication is two–ways. You need to disburse information but also listen to input. Some ideas may be:

• Obtain owner input through surveys
• Send special mailings
• Hold special meetings or informational sessions discussing important issues in the community
• Recruit commitee members so more owners are active
• Launch a website for 24/7 access to information
• Consider block captains to communicate in smaller groups
• Have association phone number for owners to leave messages suggesting ideas

Even if the board knows that the ultimate action will be to levy a special assessment or increase annual assessments, by explaining the situation in advance, explaining and exploring options, seeking input, and opening a dialogue with members, the board can obtain member support for those unpopular decisions. This, in turn, helps the board continue operating the association as smoothly as possible and avoid becoming distracted by the furor of “surprised” owners. Click here for more information on consensus building.