Community E-ssentials

July 2002 ISSUE 8   Volume 1 Issue 8  
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CONTENTS
Association Prevails in Covenant Enforcement Matter
Mail Ballots Effective If Done Right
What Makes a Good Rule?
Staying On Track At Board Meetings
Staying On Track At Board Meetings

The ability to run a successful meeting is learned, not inherited. Well-planned, efficient, productive meetings generate respect for the community association board of directors and its policies. Communities which respect their leaders have fewer problems and less turmoil. Much of this respect, which must be earned, is an outgrowth of the board meeting.
 
A
DVANCE PLANNING
So how does the board accomplish the seemingly monumental feat of running effective meetings that result in respect? How can board members make order out of chaos? By being prepared and keeping control of the meetings.
 
At least one week before the board meeting, circulate a draft agenda to all board members. Changes, if any, should be made within two days. Every director should prepare for the meeting by reading and organizing his or her papers before the gathering. Consider posting the finalized meeting agenda in a central place so all residents may see what will be discussed.
 
S
ETTING TIME LIMITS
The board president must start the meeting on time. As soon as a board quorum is present and it is time to start the meeting - start it. Once everyone realizes the president starts on time, people will get to the meeting on time.
 
A meeting agenda can have time limits set for each item to eliminate extraneous discussion. If a timed agenda is not necessary, at least set meeting start and finish times. As a rule of thumb, no board meeting should last more than two hours. After two hours, the quality of the decisions reached by any board deteriorates. After all, board members may have already worked a full day, have often missed dinner, and have dealt with other stresses in their daily lives.
 
FOLLOWING PROCEDURE
It makes sense for the president to follow the agenda. Basic (but not necessarily formal) parliamentary procedure is the best way to proceed. Without a motion, no one really knows what specific item is being discussed. It is the president's job to keep the discussion limited to the motion on the floor. Discuss only one motion at a time.
 
Once a motion is introduced, the maker of the motion speaks first.  Establish a time limit for each speaker. Once discussion has ended, the motion is repeated and a vote taken. The president was elected as a director so he or she also should represent the owners by voting on all matters. Following basic rules of procedure contributes greatly to maintaining order.
 
PREPARATION IS KEY
Too often, items are put on the agenda during the meeting and action is pursued when the directors are not prepared for the issue. Usually, the board does not have enough information to have a productive discussion and to take an effective vote. If the board does not have enough information to vote on an item, the item should not be placed on the agenda. Remember, directors have a fiduciary duty to make informed decisions.
 
Tabled items show inefficiency and are nonproductive. The board loses respect if the community sees its leaders unable to reach sensible agreements and compromise on issues. The "old business" section of the agenda should be kept short. Although some items will be tabled, they should be the exception and not the rule. If the board is prepared to vote on an issue when presented, a more efficient meeting will result.
 
Sometimes an owner will present a problem to the board of directors during the board meeting. Some of the poorest decisions made by a board come when it tries to formulate an immediate solution to such a request. Often the decision is reached without enough information, research or reflection, or consideration of all sides. Directors should refrain from making such decisions under pressure. Remember, if the resident has had a problem for the last 3 years, one more month and a little investigation will most likely render a better solution.
 
ALLOWING RESIDENT INPUT  
Many communities have an owner who attends the meeting and disrupts discussion. Technically, the owner should be allowed to speak only during the "open comment" period on the agenda. The best board president, however, is one who recognizes that he or she is president of a business, a quasi government and a community.
 
Respect for owners generates respect for the board. If, and only if, the president can handle the input and maintain control of the meeting, consideration should be given to allowing owners to comment on a motion after each director has had a chance to speak, but only on issues that are policy oriented, not operational. For example, if the board is hiring a painting contractor - an operational issue - the board members will have written bids, specifications and brochures in hand which contain information on the topic that the owner in the audience has not seen.
 
If, however, the board is voting to restrict the use of the basketball court - a policy issue - the owners in the audience deserve a chance to express their opinions, but not until the directors have spoken. The president must limit discussion to the motion on the floor, not let anyone dominate and require speakers be respectful. Discussion should end when ideas become repetitious or within a time period agreed upon in advance.
 
CLEAR MOTIONS, CLEAR ACTION
Once votes are taken, the president should be sure that board members and the manager are clear on what results are expected and on what direction to take. Unclear motions cause expectations that may not be achievable. When a motion is made, make sure it makes sense. Depending on action items generated from board votes, the president may spread out the workload, and ensure that each director is responsible for some task, if appropriate.
 
Volunteers like to be part of a successful organization. The board will achieve better results if all involved are aware of their responsibilities. A smooth-running association can be achieved by following these basic rules - and by respecting each other.


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Published by Orten & Hindman, P.C.
Copyright © 2002 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman, Jerry Orten or Loura Sanchez.
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