WHY INVOLVE THE COMMUNITY IN EMOTIONAL ISSUES?

Do you really have your finger on the "pulse" of the community?

Boards often believe that they have their finger on the pulse of the community and that decision making does not have to involve the owners. In many cases, it has been so long since owners showed any sign of interest in the HOA's governance that the board figures it is a waste of money and/or an exercise in futility to survey the members on anything.

So is your Board considering any of these projects or changes? Changing paint colors or the style of the entrance sign? Removal or replacement of trees? Closing the pool or a spa? Dropping the earthquake insurance coverage? Allowing a cable tower in the development? Considering new age "grass" alternatives in place of turf?

These are matters I call "emotional issues" meaning that they tend to trigger a atrong emotional reaction in people and if there is to be a political uprising, chances are that it will commence with one of these or a similar issue. Lots of boards miss the impetus until well into the "uprising" simply because they cannot imagine that the membership is the least bit interested. Or sometimes boards dismiss the grumblings of the commonly more vocal owners prematurely, without listening for cues that might indicate real dissention is brewing.

And lots of the problems that tend to arise when dealing with any of these emotional issues can be diffused by doing just one thing - and that is - "involving" the membership.

What can you do? 

Appoint a committee to investigate matters and gather helpful information, and to provide the board with recommendations. With the idea of a committee, keep in mind a few things. As an example, let's talk about proposing a change in the paint colors.  A committee could be appointed to investigate colors and make recommendations; however, if it is assigned to choose the paint colors and not involve the community comment in the process, it is little different than creating a moving target. 

Circulate a survey to the members and ask pertinent questions. If you do any "emotional issue" project without seeking owner input, then there is a high risk of political backfire causing much stress. On any matter involving an "emotional issue" that does not require it, I don't recommend taking a vote for the simple reason that each member will vote what is best from a personal perspective while the board is charged with thinking about what is best for the community as a whole. But having feedback from the members or at least offering the opportunity is critical to making that determination. 

Show Me! Putting up painting samples or installing a product like Heavenly Greens in an area so residents can walk by, compare, look and comment has made the process of making choices in these matters go more smoothly for many associations. Displaying products, introducing experts on a subject such as earthquake insurance, offering opposing views on something like a proposed cable tower project, or just inviting comment on any potentially explosive issue can diffuse the emotional aspect of it. 

By involving the members, or offering them alternatives, a board will then have more information about how the community feels, who is interested enough to comment, (and who is not) and what to say when anyone acts surprised at the outcome. You will likely never get 100% approval of anything but making the attempt to choose what is in the best interest of the community by asking the community will usually help diffuse complaints.  

The Last Word: And even if the responses to your efforts are dismal, you as a board will have a great answer to any complaints that arise after the fact:

"We are not having any further discussion because the community had ample chance to provide its input and we based our final decision on that input." [Or, if the subject required a vote, "...everyone had a chance to weigh in by - xxx responding to our survey/town hall meeting/comment period xxx] - and by voting on the matter."

Even if two persons responded, it's fair to say that you polled the community and acted based on the responses.

Upcoming Programs At Which I Am Presenting: 

Sept. 25, ECHO Central Coast Full Day Expo and Seminar, check www.echo-ca.org for details.

October 29, CAI-CLAC first ever full day Law Seminar, Tracks for homeowners, board members, and managers! Check caionline.org and/or caicalif.org for details.

copyright 2010, Beth grimm, all rights reserved

By Beth A. Grimm, Attorney. A "service oriented" attorney and member of ECHO and CAI and various other industry organizations in California and nationally, host of the website www.californiacondoguru.com; two Blogs: California Condominium & HOA Law Blog, and Condolawguru.com Blog, and author of many helpful community association publications which can be found in the webstore on her site.