Five Things Your Co-op / Condo Board and Neighbors Won't Tell You

Five Things Your Board of Directors Won't Tell You

1. "We don't all like each other." This should come as no surprise but many boards fight amongst themselves. Unless the directors run in a bloc (which creates a problem in and of itself) chances are your board is made up of different personalities, not all of whom will play nicely with each other. Bottom line is that many people don't like other people so why should volunteer boards be any different?

2.  "We haven't really read the governing documents." Ask most board members and they will cite chapter and verse of the association's governing documents. The problem is that some of them haven't actually read those chapters and verses but have just heard from other members that this is what the documents say. There is a wide disparity in the knowledge base among directors: Some diligent directors actually do read every word of the entire set of governing documents; others just think they did.

3. "Some of us don't pay our assessments / maintenance / common charges on time." A delinquent director is the classic case of "do as I say, not as I do."

4. "We prefer you not ask to inspect  the documents a lot — or ever." Yes, the governing documents, plans, surveys and the rest of the voluminous paperwork that supports the operation and administration of a co-op or condo do in fact belong to the members. But frankly, do you really need to see them? Often, it is the pesky few  who repeatedly ask to inspect every document from the beginning of time that ruin it for the rest, who only ask to see something specific once in a blue moon. We know we shouldn't treat all owner requests the same in this regard but inspections are our least favorite part of the job.

5. "We think we know more than our lawyer, accountant, engineer, fill in the blank." We have all seen how well decisions made by overly confident board members usually turn out. There is a reason that attorneys, engineers, accountants and other professionals make a livelihood out of representing private residential communities. A specialized set of skills is often needed to solve complex association problems. Boards who decide to go it alone either as a cost-saving technique or as a result of hubris often learn costly lessons the hard way. 

Five Things Your Neighbors Won't Tell You

1. "We never read the governing documents." How many times must we go over this one? Please do not buy a co-op or condo apartment unless and until you have read (or retained someone to read) the governing documents, including bylaws and house rules, to determine that you can live there with your St. Bernard. You will save yourself and your neighbors a lot of headaches and legal bills if you do.

2. "We don't really want to miss CSI to attend the annual meeting or homeowner forum." Meetings are not the most scintillating way to spend your Tuesday night, especially after a long day at the office or running your household. Still, you really do waive your right to complain if you never show up.

3. "If you do a special assessment for any reason including necessary maintenance we will grumble and/or try to recall you." Granted, the words "special assessment" are two of the dirtiest in a cooperative or condominium community, but how does one expect the roof to remain watertight or the boiler to pass City Code if things are not maintained? Rather than threatening to revolt, a commitment to fully funding reserves might be a more attractive alternative to the special assessments that become inevitable when those reserves are waived year after year. 

4. "We will likely need an emotional support animal at some point." Certainly, there are individuals who benefit emotionally and physically from a furry companion. However, if you are otherwise of sound mind and body, you must ask yourself if you are willing to "game the system" to get what you want. Perhaps it would be better to purchase in a community where pets are not only permitted but welcomed?

5. "We think we can do a better job than you even though we don't feel like actually running for the board or showing up for meetings." See # 2 above. You may very well be a better candidate for the board but how will you ever know if you never show up or contribute your time and energy to making your community a better place to live?

Donna DiMaggio Berger is a shareholder with the law firm of Becker & Poliakoff. She has represented all types of shared ownership communities and has worked closely with legislators to help shape laws governing private residential communities. This is adapted from an article at her blog, Condo and HOA Law.

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