Alkalay & Smillie, PLLC

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Attorney Edward Alkalay writes a regular column for the Conway Daily Sun newspaper entitled "The Legal Corner." His articles address a wide variety of timely legal issues. Click on the titles below to review his past articles.
 

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The Legal Corner: The Legal Corner: What every association board member needs to know

Being a board member in an association can be a burden. At times you have to deal with association members who do not comply with the bylaws or covenants, neighbor-neighbor disputes, administrative issues and/or land use issues. I represent many associations in the Mount Washington Valley and have helped association board members work through a wide variety of issues, including drafting or revising covenants and bylaws, writing contracts between associations and vendors, and litigating disputes with individual members, among other things. Over the past year, several associations have approached me with common questions, so I have revised an article that I wrote several years ago detailing issues of which every association board member should be aware.
The role of the association board member will often involve suggesting and/or drafting amendments to covenants and bylaws. A board member will also be responsible for enforcing covenants and bylaws. At times a board member may even have to act as a counselor or mediator to help to avoid disputes between association members or other board members.
The first thing that every board member should do is to review and understand the association documents. Typically, an association will have a declaration of covenants and bylaws, among other documents. If after reading them, you do not understand a section of the documents, you should seek clarification from another board member. If several board members do not understand them, you should consult with an attorney to determine whether you should amend them. Board members should review, and if necessary, revise these documents yearly, so that any relevant changes can be made at the annual meeting and so they are familiar with the rules and regulations should an issue arise.
Board members within associations not only must understand the association documents but are responsible for enforcing them. This is can be quite difficult. Some associations rigorously enforce association documents to the letter, while other associations are more lax. The safest way from a legal stand point is to enforce the documents as they are written. However, at times, this is not practical. For example, people within associations are neighbors, not business partners. So, if someone is violating a provision of the documents, the first step should be simply talking to them about the issue. Many times, that will resolve the issue. If that fails, then a letter should be written from the board of directors to the person violating the provision. Only as a last resort, should a board fine members or seek to enforce the provisions through legal means. Unfortunately, sometimes a violating member will leave an association no choice.
As a board member, you must be available to listen to the concerns of association members. This does not mean blindly following a member’s suggestion and it does not have to take a lot of time. But it is important to remember that being a board member often involves being a good listener. Sometimes simply listening to a neighbor\'s concern will alleviate that concern.
If you have to affirmatively address any concern, one person never should make decisions. When the board speaks as one voice, the decisions hold more validity, and shield the individual board members from blame by the offending neighbor. It is also important to not take these issues personally. While it is the board’s responsibility to inform members when they are out of compliance, it should be done with respect. At times violating members can be miserable, unfriendly people. When that happens, board members should never sink to the level of the offending person. Continue to be respectful to that person, and enforce the association rules precisely as they are detailed in the association documents. Again, do not let personality conflict determine a course of action.
The role of a board member is essential to the success of an association. Association boards generally work best when all individuals take a turn participating in the board, rather than a few people dominating the board. However, whether one is a new board member or a long term board member, individuals who give their time and energy to this role should be committed to preserving property values and maintaining a high quality of living within the association. Most of all, they should also be appreciated by members for volunteering their time for the association’s greater good.

Edward D. Alkalay is a partner at Alkalay & Smillie PLLC and can be reached at (603)447-8994 or ed@northconwaylawyers.com. (This article conveys general information and should not be relied on for legal advice without further research and/or consultation with an attorney.)

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