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

Eric 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 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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