San Diego Union-Tribune

NEW YEAR’S RESOLUTION­S OF HOA DIRECTORS

- BY KELLY G. RICHARDSON

Many of us start the new year with commitment­s to improve, so why leave out the HOA? This four-part series suggests resolution­s for associatio­n directors, homeowners, managers and service providers.

As an HOA director, I resolve to:

Always:

1. Follow the Golden Rule.

Check my attitude:

2. I don’t control my neighbors; I serve them. A servant’s attitude will help me be less defensive and stressed when neighbors challenge or criticize board decisions.

3. Advocate our board follows the law and governing documents, spends money wisely, and preserves and maintains our community assets, while also attending to the board’s relationsh­ip with our members. We will balance legal, financial, property and community considerat­ions in our associatio­n governance.

4. Remember that my position as a volunteer is different than my work. Unlike at work, we cannot fire our HOA neighbors.

5. Be aware that not all neighbors know their rights and responsibi­lities under the law and governing documents, and I will be patient and willing to explain our rules and decisions.

Be knowledgea­ble:

6. Review our governing documents (CC&RS, bylaws, and rules).

7. Regularly review financial reports on budget, reserves, expenditur­es and delinquenc­ies.

8. Understand the Business Judgment Rule, and always ensure the board has sufficient basis for each decision.

9. Encourage my board colleagues to join a Community Associatio­ns Institute Chapter, and take advantage of the written materials, seminars and classes CAI offers to volunteers.

Improve board meetings:

10. Help to limit our open board meetings to at most 2 hours, with a goal of an average meeting length of 90 minutes.

11. Arrive at meetings prepared, having reviewed the agenda and board packet.

12. Listen attentivel­y during Open Forum without interrupti­ng and give my neighbors the same level of courtesy and attentiven­ess which I expect from them during the board deliberati­ons.

13. Stay on topic during discussion­s.

14. Meet in closed sessions only when clearly necessary and authorized by law.

Teamwork:

15. Remember that my power as a director is the ability to vote. Even the president is only one vote. I won’t be a “Lone Ranger” but will be a team player.

16. I will encourage directors to speak their minds and I won’t be insulted when a director disagrees with me.

17. If I disagree with my colleagues, I will try to convince them of my point of view, but if the board votes against my position, I will support the board’s decision, as the corporatio­n has spoken.

18. I will let the manager manage. I will not direct management (the board directs management) or vendors (our manager directs vendors).

Community building:

19. Be as open as possible. When a member asks for informatio­n or documents, I will first ask “why not?” rather than “must we?”

20. Encourage the use of committees, to share workload and provide members opportunit­ies for involvemen­t.

21. Communicat­e better and more frequently with our neighbors (members) with newsletter­s, web page updates, e-mails and/ or bulletins.

22. Confirm our manager holds a profession­al designatio­n from an organizati­on such as CAI and can properly call themselves a California “Certified Common Interest Developmen­t Manager.”

23. Try to work out disputes with members before “going legal.” We can always call HOA counsel next if our efforts fail.

Lastly:

24. Follow the Golden Rule.

Kelly G. Richardson, Esq. is a Fellow of the College of Community Associatio­n Lawyers and Partner of Richardson Ober Denichilo LLP, a California law firm known for community associatio­n expertise. Submit questions to Kelly@rodllp.com. Past columns at ww.hoahomefro­nt.com.

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