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| by Seth Emmer, Esq. | ||
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Last
year my December column shocked a number of people when I suggested that
Boards craft rules permitting reasonable holiday decorations.
Many thought that it might have been the spiked eggnog I had been
drinking just before putting pen to paper (Yes, I still use those time
honored instruments.) Others
suggested I was just mellowing with age (Yes, like a fine wine - Apple,
Ripple, etc.) Whatever the
cause, it struck me last year that some warmth and individuality were
appropriate for these communities which have become the centers of many
of our lives - both as the focus of our livelihoods, or the place where
we live. This year,
likewise, as we approach the holidays my thoughts run to a similar topic
- community versus individual. In
recent years much media attention has been focused on what are portrayed
as individuals and individual rights being trample by community
association boards. These
accounts more often than not fail to tell the whole story and, likewise,
fail to recognize that many, if not most, who purchased in planned unit
developments, condominiums and cooperatives do so in large measure to be
ensured that a certain physical and behavioral environment will be
assured. Though we can
debate at great length whether and to what extent a Board should
appropriately be involved in behavioral issues, it is certainly beyond
debate that Board’s have proper roles in dealing with the physical
environment. Similarly,
Boards, by their approach to matters affecting the Community will have a
substantial impact on setting a “tone” within the Community.
It is to this tone that my thoughts turn this holiday season.
Over
the years I have observed various situations in which there exist
fractured communities - that is, communities divided over one or another
issue. At times these
divisions have taken on proportions wholly unwarranted by the issue at
hand. Often these divisions
relate to expenditures of significant sums for repairs or improvements.
Other times developer issues are at the root of the schism.
In recent years divisions have appeared between the early
purchasers in a stalled project and the new owners who have bought after
construction was resumed, largely over the differing views resultant
from these different histories. How
then is such achieved. First and foremost, there must be honesty, integrity and
openness by the governing body and in the governing functions. Open meetings, published agendas and a consistent flow of
information go a long way in establishing this. Secondly, and of equal importance, a Board must ascertain and
then act in furtherance of the Communities’ will. This, as you might say, is no easy task.
However, it is often where many Boards can worsen a division
within the Community as opposed to mending it.
Board Members must, I suggest, avoid championing one side or
another. Rather, they must
ascertain the desires of the “Community” and work to meet them. This
is not to say that Board Members are not entitle to have personal
opinions. Nor does it mean
that they can or should at all times strive to meet everyone’s
desires. What they must do,
however, is to make honest, good faith judgments of what is best for the
Community as a whole and work to achieve that end in a manner and at a
pace which will not unduly or unnecessarily divide the Community.
Is
this easy? Certainly not.
Does it involve hard work and long hours?
Yes, it does. Is it
necessary? Certainly, if
the goal is to create and maintain a harmonious community as opposed to
a fractious group bound by fact and law to deal with one another.
As we prepare to celebrate a holiday season expressing our
humanity one to another, let us look to our Associations and work to
bring that same spirit to bear on the issues which face us as Community
Associations.
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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 |