Tools we employ:
- Review of governing documents.
- Legal interpretation of governing documents.
- Member surveys.
- Facilitated meetings.
- Outside professionals with no personal stake in outcome.
Situation:
Case Study:
(37 Member Condominium Association - price-capped employee housing)
The association’s documents prohibit trailers on the property. Over the course of several years, trailer violations had increased to the point that there was not adequate vehicle parking. Additionally, several residents in the construction business worked or fabricated out of their trailers. The membership was split, with half demanding that the board enforce the rules and the other half insisting the rule was a bad rule since there were no garages or significant storage on the property. Emotions ran high, and the discussion had become personal. The conflict over this one rule had eroded the board’s ability to enforce other rules. After a review of the documents and legal interpretation, the board concluded that the association either needed to enforce the rule or change the documents. Following a membership survey and a facilitated meeting, the board determined there was enough interest in a declaration amendment to approve funds for a draft amendment. The amendment was sent out to a membership vote per provisions of the governing documents. The process included a voting deadline and a provision that empowered the association to remove any trailers from the property if the amendment failed. The amendment failed, and all trailers were removed without conflict. Even those members who were disappointed in the outcome expressed respect for the due process followed.
Barbara Lucks was a participating board member in this process.