New Board President Tackles Lax Enforcement of Bylaws and House Rules

Dear Mary:

I’m a newly appointed board president, and I’m faced with a bit of a mess. Our last president was extremely lax about enforcing bylaws and house rules. As a result, we have residents engaging in behaviors that are not in the best interest of the building. I want to fix this, but I know I can’t do it abruptly. How can we ease into this so we get compliance and not a building-wide revolt?      

—Unenforced in Union Square

Dear Unenforced: 

You’re wise to pause before doing anything abruptly. You need the right strategy and tactics for getting compliance...and avoiding resistance. Here’s a roadmap that can get you there. 

Do an inventory: List the rules you believe the board is not enforcing. For example: use of the service elevator, fines for late monthly payments, payment of storage bin fees, restrictions on lithium batteries, and listing apartments on Airbnb.

Review with your attorney. Sometimes there’s a deadline for enforcing rules. For example, you may have to allow a new pet if you don’t act quickly enough — even in a no-pet building. So before going too far, make sure you’re not heading into legal peril. 

Identify consequences: Consider what’s at stake for the building because residents are not following rules. For example, residents may take luggage carts onto the passenger elevators instead of the service car. That’s primarily an annoyance. But late monthly payments affect the financial health of the building. And Airbnb use is, among other things, a security issue. What matters most?

Speak to other board members: You need everyone on the board to be...well, on board. Which requires conversations. Probably one-on-one first, before bringing this up at a meeting of the full board. Ask your colleagues how they see the situation and the need for action. Listen before you talk. Don’t blame. Speak about the future, not the past. Keep the focus on how it will be better for the building to enforce these rules. 

Prepare to enforce your top item: Maybe you agree that the board needs to start enforcing the no Airbnb rule. What will it take to do that? A new process for approving overnight guests? New forms? Training for front desk staff? What support will you need from your resident manager  and managing agent? 

Resolve to avoid criticizing the previous regime. However tempting it may be, do not accuse the last board president of being neglectful or clueless. Even if that’s true! He or she likely has supporters on the board and in the building. You can create defensiveness or resentment among the very people whose behavior you want to change. Don’t create impediments to your real goal: compliance. 

Communicate: You may need just an email to residents. Some situations will require additional communication. In all cases, you should identify the rule; acknowledge that you haven’t been enforcing it (without giving excuses); identify what you’re doing and when (perhaps with ramp-up time); and explain why. As you know, residents may not rent out their units through Airbnb or similar services. It’s against our bylaws and City law. We realize that there has been Airbnb activity in the building. We are stepping up our enforcement now. Starting today, we have a new process for getting approval of overnight guests. The letter attached to this email explains...

Follow through: Now you need to enforce the rules: consistently and in an equitable way. No playing favorites!

You’ve been lax with rules in the past, but you’re not stuck with that situation. Follow this deliberate approach to ease your way out of chaos and back into order.