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KerryL1 (California)
Posts: 14,550
Posted:
The head of our Management Company (MC) contacted me about what her emphases might be at the annual 2-hour workshop for directors on Thursday. she'll be accompanied by her head accountant.

Suddenly, I find myself as the only truly experienced director on our board of seven. One, "Ed," has served for a year but so far as I can tell has learned very little about our HOA. He's friendly and easy-going and does seem to be prepared at our monthly meetings. He is our new president and I think he'll preside well.

Sy & Don are brand new, but have strong backgrounds in somewhat related fields. One, for example was chair of an university academic dept., so knows about meetings. The other was a property mgr. in another state and has investments in other HOAs in our state..

Ann is brand new, too, but has nothing in her background or experience that's relevant.

Sue was appointed 1-1/2 years ago and then elected a year ago. She only is interested in a particular aspect of our HOA and nothing else.

We're a twin tower high rise with over 200 residential units and two commercial "lots" comprising several suites. We have very complex budgets & infrastructure.

I think I just answered my own questions while writing this, but what do you think? In general, what should directors learn first??
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By KerryL1 on 11/10/2015 5:00 PM

In general, what should directors learn first??

That decisions are made as a group and not individually.

That you need to do what is best for the Association/development and not what is best for one or two individuals.
MichaelO4 (Montana)
Posts: 40
Posted:
1. It's critical that all Board members and Officers are well-versed in the Governing Documents: The Bylaws, the CC&Rs, and Rules and Regulations of the association.

2. All must be acutely aware of their individual responsibilities as denoted in those documents, and be willing and able to fulfill them.

3. All must have or develop a "small nonprofit business mindset" and work as a team for the benefit of the stakeholders in the corporation.
KerryL1 (California)
Posts: 14,550
Posted:
What fine advice!

I especially like Michael's point about learning the governing docs, which the two newer, Ed & Sue, haven't learned.

Officers' duties, in our bylaws, too is important. Because of our complexity, we do have an onsite PM and Asst. PM to whom we delegate a lot. Our PM has learned a great deal about our premises, budget. etc. in her 6 months here. But I think directors count too much on her to the extent they're not learning on their own. She tries to encourage them to take charge.

So, yes, we need to learn to act as a team that makes decisions on behalf of our members/stakeholders. It seems to me directors can never go wrong if the well-being of the community as a whole always is foremost in their minds. And I think one thing to learn is cooperation and compromise.

Oh, actually the workshop isn't till Friday, so there's time for more thoughts. I'll appreciate them.
MichaelO4 (Montana)
Posts: 40
Posted:
Re: Governing Documents - Most issues/challenges/problems begin and end here. IMHO, these should be reviewed and amended as necessary at least every five years or so to assure that they meet the current needs and desires of the association collectively. Any sections that are not being enforced should be identified and amended or deleted. Sections should be added or amended as necessary to address issues identified over time (especially the "Protective Covenant" sections). And they should be reviewed for compliance with all current local, state, and federal ordinances and laws. Then, whenever a question arises, the first thought should be "What do our Governing Documents say about this issue"?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Much good advice. My suggestions would be:

1. Read and understand all docs.

2. Read and understand the budget.

3. Do things for the greater good of the community versus your personal wants.

4. Hide nothing. Lay it all out in the open even if painful.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
OOPS..addition

5. Be severe with non payers.
SheliaH (Indiana)
Posts: 6,964
Posted:
Great advice from everyone so far. Considering that most of your board members are new, you might also check if your property manager, local CAI chapter, etc., has a type of Board member “boot camp” the newbies can attend for a half or full day. That way, they can get more information on the basics. As time goes on, experience and guidance from you and the property manager should take care of the rest.

In fact, you might want to consider putting together some sort of Board manual everyone can use as a reference. It’s not about addressing each and every situation you may encounter, but basics like the difference between an operating and reserve budget, parliamentary procedure, overview of collections, etc. could go in there. I believe CAI even has a type of Board director’s manual your association could buy for everyone and you can use it along with information specific to your community.

Since you do have two hours, I think an overview of the governing documents is a great place to start (that can take up most of the time by itself). You should also have a discussion of fiduciary duty and why that’s critical to being an effective board member. Everyone else has already touched on various aspects of it, but the bottom line is that board members must make decisions that are in the best interests of the ENTIRE association, not just themselves or themselves and their immediate neighbors.

That means check your personal agenda at the door and ask questions about anything you don’t understand. That’s not the same as asking until you get the response you like – you need complete and accurate information to make an informed decision. Make the best decision you can and run with it – if you make a mistake (and no one’s perfect), admit it, fix it and learn from it

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CfD (Virginia)
Posts: 265
Posted:
Completely agree with #4 john.
ValK2 (Tennessee)
Posts: 65
Posted:
Process......do everything by the book, as a unit/team. No rogue "decision" makers.

DOCUMENT EVERYTHING.
KerryL1 (California)
Posts: 14,550
Posted:
Ahh, thanks to more. I''m thinking Sheila's idea about a little handbook or manual for new directors is a fine idea. I've sent he CAI toolkit for Board members a long time ago, and Our PM is a member. We might be able to get one via her for directors to share. So this are process ideas.

But content ideas is what I'm also after an I'm vey clear in my mind now that first & foremost has to be our governing docs. And they are long & true drudgery to read , 120 pps. but two of the new members do want to have them rewritten (almost 15 y.o) so ti's a great start t just discuss them an learn some of the basics.

Other things mentioned above are already built into our system with mgmt., i.e., acting quickly & swiftly with delinquencies.

Our board also is as transparent as can be partly due to CA laws, which we do adhere to.

I think the hardest topic to deal with is encouraging directors to distinguish between themselves/friends & the community as a whole. Or, as Sheila puts it:

" the bottom line is that board members must make decisions that are in the best interests of the ENTIRE association, not just themselves or themselves and their immediate neighbors. That means check your personal agenda at the door and ask questions about anything you don’t understand. That’s not the same as asking until you get the response you like – you need complete and accurate information to make an informed decision."

TimB4 (Tennessee)
Posts: 21,062
Posted:
OOPS sorry. That link was from the center for community association volunteers.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By KerryL1 on 11/10/2015 5:00 PM
but what do you think? In general, what should directors learn first??


Kerry,

This question has bothered me since you first posted it. The question implies that a director need not know anything until he takes a seat on the board.

The answers posted thus far are things that a director should know but are also things a person tossing his hat in the ring should know before he raises his hand.

SheliaH (Indiana)
Posts: 6,964
Posted:
That's why I think there should be a certain amount of vetting by homeowners before they vote to elect or re-elect board members. I believe there's a conversation somewhere on this website where someone asked what type of questions should be asked of prospective board members.

I know some associations have nominating committees, but I prefer these questions being asked at an open meeting (annual or board) with other homeowners given a chance to ask a few questions also. This could also be done in a special "meet the candidates" meeting before a vote is taken. Or the newsletter could feature a Q and A where all the candidates are asked the same questions, like the newspaper does for school board or city council candidates (if someone doesn't answer the questions, simply say Mr/Ms. X didn't respond to this questionnaire - let the candidate explain why that happened)

I've also seen articles on what homeowners should consider before they run for a seat - that could also go in the newsletter when a vacancy is announced. Hopefully, it'll spark some careful thought before the person proceeds.

None of this guarantees a good board member, of course (the biggest jackasses can have advanced degrees and business success in one field, but that doesn't necessarily transfer to effectiveness as a HOA board member)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I'll bite.....

Knowing governing docs is important and well articulated so let me offer this for new board members:

1. The long-term board members (incumbents) are not inherently "shady" or incompetent - give yourself time to get to know them before applying HOA board stereotypes

2. Projects will unfold 300 to 500% more slowly than you think they should

3. "Compassion" on delinquent dues punishes current account holders who endure less-than-best amenities

4. The Reserve Fund is YOUR #1 hedge against special assessment and loan debt. Take care of it and feed it like you would your rose bushes.

5. 80-90% of your board of directors has no interest in actively serving the community other than attend meetings and express opinion.
PitA
Posts: 1,416
Posted:
Kelly,

The best response and opinion I have read since joining this forum.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KellyM3 on 11/13/2015 8:50 AM
I'll bite.....

Knowing governing docs is important and well articulated so let me offer this for new board members:

1. The long-term board members (incumbents) are not inherently "shady" or incompetent - give yourself time to get to know them before applying HOA board stereotypes

2. Projects will unfold 300 to 500% more slowly than you think they should

3. "Compassion" on delinquent dues punishes current account holders who endure less-than-best amenities

4. The Reserve Fund is YOUR #1 hedge against special assessment and loan debt. Take care of it and feed it like you would your rose bushes.

5. 80-90% of your board of directors has no interest in actively serving the community other than attend meetings and express opinion.

Well said.
NigelB (Texas)
Posts: 254
Posted:
Quote:
Posted By SheliaH on 11/13/2015 5:59 AM
That's why I think there should be a certain amount of vetting by homeowners before they vote to elect or re-elect board members. I believe there's a conversation somewhere on this website where someone asked what type of questions should be asked of prospective board members.

I know some associations have nominating committees, but I prefer these questions being asked at an open meeting (annual or board) with other homeowners given a chance to ask a few questions also. This could also be done in a special "meet the candidates" meeting before a vote is taken. Or the newsletter could feature a Q and A where all the candidates are asked the same questions, like the newspaper does for school board or city council candidates (if someone doesn't answer the questions, simply say Mr/Ms. X didn't respond to this questionnaire - let the candidate explain why that happened)

I've also seen articles on what homeowners should consider before they run for a seat - that could also go in the newsletter when a vacancy is announced. Hopefully, it'll spark some careful thought before the person proceeds.

None of this guarantees a good board member, of course (the biggest jackasses can have advanced degrees and business success in one field, but that doesn't necessarily transfer to effectiveness as a HOA board member)

While our governing docs currently provide for a nominating committee, I've always been uncomfortable with a committee appointed by a board to vet candidates and make recommendations. Apparently the State of Texas feels the same way. This past legislature amended the property code to require that prior to an election of directors, the Association is to provide notice to its property owners and solicit interested candidates for election to the Board of Directors it requires the Subdivision Association to list each person who expresses an interest on the absentee ballots used for such election. While the new amendment probably invalidates the nominating committee requirement, we'll probably look to amending our ByLaws to remove that clause.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks, Nigel,(and Sheila) our bylaws require a nominating a comm., so every year we appoint one that sits with our PM a few days later who tells them that all candidates are owners in good standing and the Comm. says OK (We haven't had any candidates who did not meet these basic qualis. BUT, we'll get rid of it too is we ever amend our 15 y.o. bylaws.

We did offer a Meet the Candidates Events attended by maybe 18 households (of 200+). Each of the 5 d candidates also wrote a bio that went out with the secret mail-in ballots that are required in CA.

And thanks to Kelly, too: #1. I'm the only long-term director and I don't think there's any particular negative stereotype about me. I've been very active and have new ideas, which the other directors have seen/heard at open meetings.

#2. Absolutely at my HOA , well, maybe 3X as long, and a source of frustration.

#3 we're very strict with delinquencies.

#4. Totally agree and we're doing better on that front--are about 58% fully funded.

#5. my nine years on our board has shown maybe 15% of (7) directors don't want to do anything except attend. One such man just was defeated when he ran for reelection.

I guess, Larry I should have framed my question differently: What three things should new directors learn to help them govern effectively?

Our MC top exec. duo led us in a Seminar and the first emphasis was on defining our fiduciary responsibility! Good! The next emph. was on learning a bit about our complicated finances (three op. budgets, three reservers accounts). Next was an overview of our governing documents. Next was openness & communication with HOA Members.

Our fiduciary responsibility brought up a question that I'll ask y'all soon that has to do with our upcoming board meeting and a director's agenda item.

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