“Each honest calling, each walk of life, has its own
elite,
its own aristocracy based upon excellence of performance.
-
James Bryant Conant -
One of my fondest memories is my Pop saying repeatedly “if it’s worth doing it’s worth
doing right”. On the surface that seems like a very simple concept, however, just what is ‘right’ and is it the
same thing for all of us?
The Arizona Republic periodically publishes a column with the title HOA Q&A by Beth Mulcahy.
Beth is the founding lawyer and partner of the Mulcahy Law Firm in Phoenix and represents numerous Owner
Associations. In her column on May 17, 2003 Ms. Mulcahy responded to the following question: “Do
you have any suggestions on how to be a good association board member? I was recently elected to the board of my
association and I am looking for information on this subject.” Ms. Mulcahy response referenced a publication
by the national chapter of the Community Association Institute http://www.caionline.org/
titled “Pearls of Wisdom, Cultured Gems for Community Association Living and Leading,” copyright 2003 CAI.
The following is an abbreviated version of what was contained in Ms. Mulcahy’s column. ‘Serve because you
care; educate yourself; read & study association C.C.&R’s, do a reserve study; focus on policies, communicate;
seek advice of qualified pro’s; make decision for the common good; educate members; track management trends; build
a network; anticipate conflicts; be reasonable; listen to members; become active with legislative efforts; provide
leadership; foster pride; do what is right; have good meetings and don’t forget legal duties.’
I think that we have covered many of the above in this BOD series, however, not enough is currently being done
by BOD members with regard to education. I don’t mean that BOD members are uneducated groups for most are highly
education with respect to their current or prior professions. The point is that very few are devoting significant
time to improve there knowledge concerning POA/HOA issues. Far too many BOD members rely on the ‘seek advice of
qualified pro’s’ for that issue education. Most often this advice is not from a ‘third party pro’ it is from the
‘in-house pro’. The most common of that advice is something like:
“You don’t need to become involved with the industry, that’s my job.”
“Its not necessary for you to attend ARDA Management Conferences,
the only people who attend them are those who actually work in the industry.”
It’s just a waste of association funds ($295.00) to join ARDA, I/we will
represent the association and we will advise you on anything of importance.”
ARDA held its International Convention & Exposition in Orlando this past April and BOD members from various
locations were key participants not only as attendees but also as presenters. Some of the areas of specific interest
to BOD members were:
Committee Meetings
(Open to all attendees)
Saturday April 5th: Federal Issues * ARDA-ROC * Resort Management * Ethics * Resales
Sunday April 6th: State Legislative * ARDA-Rockies * ARDA- Caribbean
Monday April 7th: ARDA-Nevada * ARDA-Arizona * ARDA Hawaii
Educational Sessions
Saturday April 5th.
PERSONAL ENRICHMENT SYMPOSIA
True Colors – Fish Philosophy – Who Moved My Cheese? – Whale Done
[Among the presenters was Dr. Art Olson BOD Member Christie Lodge Owners Association]
Sunday April 6th
FUNDAMENTALS OF RESORT MANAGEMENT
Among the presenters John Byron Harbor Ridge Condominium Association
THE BOARD MEETING NIGHTMARE
Among the presenters Lynn Weas Christie Lodge Owners Association
Monday April 7th
STATE REGULATORS PANEL
Among the presenters were regulators from Florida, New York, South Carolina
TO SETTLE OR NOT TO SETTLE: A MOCK TRIAL
(Slip and fall case)
Among the presenters were several attorneys who specifically represent HOA’s
RESERVE FUNDING, REFURBISHMENT FINANCING OR SPECIAL ASSESSMENTS?
(now what BOD member would not have benefited from this session)
Among the presenters – This writer
Tuesday April 7th
BOARD BOOT CAMP – RESPONSIBILITIES, RELATIONSHIPS AND REALITIES
Among the presenters Robert A. Jackson BOD Member Magic Tree Resort Owners Association.
At the ARDA Convention the annual Award Gala is held where the industry honors it’s finest. I would bet the
farm that most of you did not know that one of the award categories was…
HOMEOWNERS ASSOCIATION MEMBERS.
Finalists for this ‘ARDY’ were:
Jim Duffy Universal Vacation Club
Ronald Guilfoyle Fantasy Island Resort II & Outrigger Beach Club
Harold Matzner Palm Springs Tennis Club
Dr. Art Olson Christie Lodge Owners Association.
The Winner – Harold Matzner
Now I just wonder what made Jim, Ronald, Art and Harold so special that they were nominated for this ARDA Award?
Do you imagine that they were Developer-appointed BOD members? I don’t know Jim Duffy or Ronald Gunilfoyle, however,
I do know Dr. Art and his contributions, not only on the BOD at Christie Lodge, but to the timeshare industry.
In order to beat Dr. Art out Harold Matizner must be something special.
With just a little effort any BOD member out there could get the address for the Palm Springs Tennis Club, or
any one of the other above mentioned resorts, and write a note something like the following:
Dear Harold
Congratulations on being awarded the ARDY for 2003.
I am a member of the Board of Directors at XXX Resort in
XXX City and really want to do a good job for those I was
elected to represent. Please impart any hints on how I could
be a good BOD member?
And so on…
You just might get a response saying something that my Pop always said when I asked him such a question: “Son,
If you want to be a good basketball player you have to go out on the floor and “be” one. In order to do
that you must use all your senses. You must watch others you admire and emulate them, listen to what
they say and remember the best of it, feel it by being hands on rather than setting back just watching and
listening, sniff out the weaknesses which exist in positions and develop ways to overcome them, immerse
yourself into the situation until you can taste its very essence and finally you must find a coach or mentor
who will give you feedback... constructive criticism or praise whichever is warranted.
When the next opportunity comes along to seek enlightenment concerning the timeshare industry, owner associations
or BOD membership where will you be? For a schedule of upcoming ARDA opportunities click here… http://www.arda.org/industry/arda/meetings/upcoming/meetings.htm
Most people who know me know that I am an avid fan of the Arizona Diamondbacks baseball team. The members
of that team have achieved the highest level of their profession. They are big leaguers. During the off season
most of them work on their conditioning and during spring training they practice their skills to get ready for
the start of the season. Once the season starts and on game days, they arrive early, tend to any minor aches
and pains, dawn their uniforms, they go out on the field warm up, stretch and run, then they take batting practice.
Our center fielder Steve Finley begins his throwing routine. He starts about 25 feet away from his mate
and with each throw he continues to back up until he is well over 200 feet away. That way, if (during the game)
one is hit off the wall at 313 ft., Steve can hit the cutoff man with the ball or throw it all the way to home
base without hurting his arm. The point is that these professionals have a routine to prepare themselves for the
actual game.
The CC&R’s of Timeshare Plans will usually indicate how often the BOD hold its meetings…
- By-Laws of XXX Resort Association, Inc.: Article IV, Directors F. Organization Meeting. Immediately following
each annual meeting of members, the Board of Directors shall hold a regular meeting for the purpose of organization,
election of officers, and the transaction of other business.
By-Laws of XXX Resort Association, Inc.: Article IV, Directors G. Regular Meetings. Regular meetings of the
Board of Directors shall be held at such time as may be determined by the Board of Directors, which shall not be
less frequently than annually.
Typically at the organizational meeting the BOD determination is that it will meet on a quarterly basis and
those dates, places and times are published to all the association members. Sometimes conditions require that other
meetings must occur. These meetings are known as Special Meetings…
- By-Laws of XXX Resort Association, Inc.: Article IV, Directors H. Special Meetings. Special meetings of
the Board of Directors for any purpose or purposes may be called at any time by the President, or, if in his absent,
unable or refusal to act, by the Secretary, or any Vice President or by any two directors. Written notice of the
time and place of special meetings shall be delivered personally to the directors or sent to each director by mail
or other form of written communications at least fifteen (15) days prior to the date of the meeting.
The point is that members of the BOD (like those of the Diamondbacks) usually have more than adequate time to
get prepared for a meeting. They have copies of the minutes of their previous meeting and know what business remained
unfinished; they have the opportunity to place old and new business on the agenda and to obtain documentation,
advice or council on any subject.
Prior to each BOD meeting at many Resorts each director receives a spiral bound book that is tabbed to follow
exactly the agenda of the meeting. Within each tab is hard copies of all available documentation concerning that
agenda issue. Very few excuses exist for a BOD member to come to a regular or special meeting and not be prepared
to be an effective participant. It’s like my Pop said: You have to ‘Be’ effective.
Final Thought
Richard Thompson is the owner of Regenesi, a Management consulting firm specializing in HOA’s and is
considered true experts in the area. Richard once proposed the following as a HOA BOD Member Code.
- Act in the Community's Interests. Directors will strive for the common good of the association, foregoing
personal interests. Personal agendas will be left at home.
Engage in Lawful Acts. All board actions will comply with the governing documents and the law. To accomplish
this requires thoughtful deliberation and input of knowledgeable professionals.
Maintain High Standards of Conduct. Directors are in the spotlight. Their conduct should be above reproach
and avoid the appearance of impropriety.
Demonstrate Mutual Respect. Directors will address each other and homeowners with respect, even when
in disagreement.
Attend All Board Meetings. Effectiveness is based on keeping informed.
Be Prepared. Directors will come prepared to meetings by reviewing the agenda and related materials before
the meeting
Keep Focused. Directors will listen attentively and courteously to demonstrate respect and willingness
to learn.
Maintain Confidentiality. Directors will not share highly sensitive information and respect the privacy
of all owners.
Maintain a Supportive & Positive Attitude. Directors will encourage owners, employees, managers and
contractors to promote better performance and teamwork.
Be Loyal. Directors will respect the authority of the Board by not undermining majority decisions and
enacted policy.
Respect the Rules. Directors will obey Association rules to set a positive example for others. We are
not "above the law."
Pay Assessments on Time. Directors will remain current in all Association charges and will not expect
special treatment.
Promote Harmony. Directors will promote community harmony in act, word and deed.
If you are a member of a HOA/POA BOD you must have had compelling reasons to stand for election. I am sure that
very few of you out there who were convinced to become one because someone told you ‘it was going to be easy’.
If you are considering becoming a BOD member do so only if you truly feel that you can make a difference?
My Pop taught me that the highest reward was the opportunity to work hard at something worth doing and that
success was always found at the finish line. In my mind being a good BOD member is somewhat like being a pole-vaulter.
In most instances with every attempt the bar gets higher and the effort is most often accomplished in obscurity.
“A good and effective Board Member will understand the purpose of the Owners Association, perceive the
interest and needs of the member, individually and collectively and be able to respond to them appropriately.”
Go ahead, “be’ one…
SEE: a BOD Part 1; a BOD Part 2; a
BOD Part 3
