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| by Seth Emmer, Esq. | ||
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In
last month's column I discussed what a Board might do to foster a sense
of community within their Condominium.
Let me focus this month on something which, if individual Board
Members fail to do, will only result in a fracturing of a Community.
What I'm referring to is failing to respect the confidences of
the Board's workings. Often
times an issue comes before a Board which has the potential for being,
or already is, a controversial matter.
In these situations different Board Members may have differing
opinions. Only if each
Board Member feels free to express their beliefs can the Board function
properly. Thus, Board
Members must respect one another's views and not run back to some of
their neighbors with comments like, "you can't believe what so and
so said." But
you say, sometime ago you wrote that Board meetings should be open.
So what does it matter since individual Owners could be present
and hear for themselves. The
answer is, that's exactly the difference.
It's one thing for Unit Owners to be present to hear the Board's
open debate. It's entirely another if, for instance, no one attends other
than Board Members and the Members conduct themselves with full
cognizance of this. But,
you say, what about the minutes. Here,
too, the answer is relatively simple.
Minutes should be a recording of what is decided, not what is
said. If you want to have a
transcript or a recording (in many practitioners' views a bad idea),
then do that and, again, let the minutes merely reflect what was
decided. Beyond that,
executive sessions must be respected.
No Board Member should repeat what is discussed during executive
sessions. To do so totally
defeats their purpose and, in reality, constitutes a breach of duty by
the disclosing Board Member. For
Boards to function effectively, their Members must feel free to openly
and candidly express their opinions.
Conduct as described above only defeats the reasonable
expectations that every word uttered will not be repeated to others.
Board Members must show to their colleagues the respect and
confidence that would want shown to them.
It is rare when all can agree on an issue.
Hard, controversial decisions need not, however, create discord
so long as each side shows respect to the other.
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Marcus, Errico, Emmer & Brooks, P.C. |
| 45 Braintree Hill Office Park, Braintree, MA 02184 |
| Telephone: (781) 843-5000 Fax: (781) 843-1529 |
| E-mail: law@meeb.com |