this further helps you to answer the questions posed at the beginning of this course: ● How significant are meetings in a community association? ● Are they important or a nuisance? ● Does a CAM have a role in meetings? Along with assisting the volunteers in a community association to understand and adhere to their obligations, a CAM may also help them to understand the importance of adopting policies. Policy adoption typically requires the board’s approval during a board meeting with a quorum present. The following is a short list of important policies for a community association: ● Collection policy : When assessments are due and when they are late and the applicable consequences. ● Records retention policy : Required duration of retaining records of the association. ● Reimbursement policy : The process for volunteers to receive reimbursement after using personal funds. ● New owner/tenant screening policy : The process and requirements for new owners/tenants. ● Email and communication policy : How communications to and with members (owners) are conducted. ● Website communication policy : Entity responsible to keep website current and how it’s implemented. ● Audio and video recording of meetings policy ● Meeting protocol and rules policy : Will meetings be conducted strictly by RONR? If not, specify alternate policies for conducting meetings Such policies may be created as a board resolution as well and the board should consult with the association attorney to understand what policies (or resolutions) are important for their association. Policies, like those mentioned above, often are separate and different from the association’s rules and regulations that often focus on property and facility use and/ or maintenance. Board of directors code of conduct An esteemed colleague in the CAM industry, once relayed the importance of considering a code of conduct—in essence—a policy to govern board members’ behavior. They expressed the premise as, “The board positions are filled by volunteers. These well-meaning community members are invested in the continued success of their community. But even the most well-intentioned board members often lack the experience and training needed to run a community, and it is not uncommon for personal beliefs or misguided actions to cause problems. A code of conduct can help to ensure that board members abide by certain rules that are essential to creating a more effective community association. Creating a solid code of conduct takes some work; however, ensuring that all members of the board perform their duties in a way that is in the best interest of the community is well worth the time and effort.” A code of conduct (or code of ethics) is common to most corporations and businesses. A code of conduct can include reference to the following: ● Commitment : Serving as a board member is a time commitment. ● Professional behavior : Treating homeowners, contractors, lawyers, and fellow board members with respect and professionalism, ensuring there is an open dialogue between board and association members, can go a long way in creating a unilaterally successful board.
I believe that most CAMs find that this is not always easy! In many circumstances, such objectives are anything but easy. Generally, they are very complicated and frequently unclear. When, and if, an association board has a clear vision of what the goals and objectives of the association are, it may help to work with a management team so that they can come together in a mindset working together. However, often the board and officers do not have a clue what the goals and objectives are. Mindset can make a difference Sometimes board members become board members because they are bored members – not enough to keep them busy! Sometimes it’s because a well-meaning owner who is probably also desperate to attract candidates to serve enlist people by making statements like, “Get on the board. You only have to go to a meeting once a month. There’s really nothing else to do.” Sometimes people get on the board because they feel offended by a notice of non- compliance or wronged by an increased assessment. These individuals may feel sure that they alone can change the course of the association’s journey. Such outlooks and attitudes are totally evading the goals and objectives of the association. When there is a “mine-mine-mine” mindset (from Finding Nemo ), it is difficult to look squarely at the wants and needs of the association, but it’s easy to move toward a “less team” oriented group dynamic and more toward a “personal agenda” mindset. Setting goals and objectives How are goals and objectives achieved? Some ways that an association can understand what its objectives are is by looking to the documents and statutes; looking at the community both physical property and interpersonal communication; looking to the management team for guidance, suggestions, value of experience; and by looking into the heart of their team – the board of directors and other volunteers. The board of directors’ basic powers and responsibilities As community associations in the state are required to be incorporated (usually F.S. 617, Not-for-profit corporations), all corporate powers are exercised or carried out under the authority of the board, subject to certain limitations in their bylaws, articles, and declaration. The HOA, Condominium, and Cooperative Acts require concurrence for certain actions, such as amending the documents and writing rules, and must meet defined obligations including following: ● Enforcing use restrictions including enacting rules and regulations ● Adequately insuring the community property and assets ● Presenting an annual budget that considers the short- and long-term maintenance, levying and collecting assessments to fund the operations, and paying taxes. ● Maintaining detailed corporate records and obtaining annual reviews of the finances to which members have access. ● Announcing and conducting meetings and permitting members attendance and participation with limited exclusions ● Entering into contracts, employing staff and professionals, such as management, attorneys, accountants, and engineers, and providing necessary services to maintain the common property. Notice that one of these obligations includes announcing and conducting meetings and permitting members attendance and participation with limited exclusions. Maybe
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