Recent changes to Florida’s Condominium Law aimed at reinforcing the structural elements of older buildings are leading to increases in monthly fees for many communities, which in turn is causing a ripple effect on owners’ willingness to volunteer. to serve on the board of directors of their associations. . Increasing association budgets and implementing special assessments for specific projects can be a recipe for hostility and dissent that becomes unbearable for even the most ardent and effective board member.
Unfortunately, many communities are compounding this problem by allowing a level of disharmony to become so widespread that it drives away their most effective leaders. For associations that are having difficulty finding willing and able volunteers, owners should think carefully about the reasons.
In some communities, their board members are forced to devote exorbitant amounts of time each week to association matters. They are being tasked with vetting vendors, coordinating the completion of inspections and reserve studies, and overseeing dramatic increases in annual budgets, all while controlling the daily operations of the association. Some of these activities would be better suited to professional property managers, which associations should utilize as effectively as possible.
For some communities, regular board meetings have devolved into such a level of hostility between the board and unit owners that it has become intolerable to directors. Owners should not expect to have many volunteers for overtly hostile situations, so they should do their part to avoid creating them.
Unfortunately, some communities are home to homeowners who thrive on creating disturbances and hosting hostile gatherings, shouting and becoming belligerent. They stubbornly refuse to understand and accept increases for necessities like insurance, and they regularly disregard the association’s rules and regulations. The distractions and commotion created by such association members can drive away effective directors.
Issues affecting council service may also arise within the council itself. Although most councils are democratic bodies governed by majority vote rule, some communities allow their president to make many decisions, thus allowing this single council member to have his way on virtually every issue. Over time, these communities lose sight of the fact that the president may be neglecting fellow directors, diminishing their opinions and responsibilities, resulting in fewer owners volunteering to serve.
Solutions to all of these forces working against council service will vary across communities, based on their specific situations. For some, they may simply be better served by amending their governing documents with the help of qualified legal advisors to require fewer administrators. Boards made up of just five members, typically a president, a vice president, a treasurer, a secretary, and another director, are the most common, but small communities that have difficulty filling so many seats may want to consider requiring just three. Likewise, communities with seven- and nine-member boards that are having difficulty filling them should consider eliminating two seats.
Associations should also consider expanding their communications and outreach efforts, as well as creating new opportunities for member engagement. Apathy toward board service may result from a general lack of participation and awareness in association affairs. Many communities have already implemented or will soon implement state-required websites for homeowners, and should consider making extensive use of these sites to maximize their communications and maintain full transparency. Allowing owners to volunteer to help with these communications and/or serve on committees can also help develop future board members.
For communities, solutions to their problems in filling board seats will have to start with the members and come from within. Like-minded members must come together and voice their concerns, and they will need to work in opposition to any forces that may be leading to a hostile and negative environment for board members and meeting participants. New leadership for the community may be needed, so owners will need to identify and support selected candidates.
Ultimately, condominium associations are controlled by their member owners, and it is up to them to make choices that help promote willing, capable and effective managers. Given the difficult financial and administrative challenges that await many enclaves, property owners must reflect on the issues affecting council service in their community and work to correct them.
Gabriella M. Ruiz is an attorney at the South Florida law firm of Siegfried Rivera, focusing on community association law and construction defect litigation. She is a contributor to the company’s Newsroom blog at www.SiegfriedRivera.com/blog and is headquartered in its Coral Gables office. The firm also maintains offices in Broward and Palm Beach counties, and its attorneys focus on community associations, real estate, construction and insurance law. www.SiegfriedRivera.com, GRuiz@SiegfriedRivera.com305-442-3334.
