Today’s Blog is part II of an analysis of Boards of Directors was written
by one of South Florida’s most important Condo Attorneys—Donna DiMaggio Berger— a Managing Partner of Katzman, Garfinkel and Berger, a fine firm that was, at one time,
our attorneys. She is also Executive Director of the Community Advocacy Network (CAN) and has graciously allowed me to
reprint her work. There will be one more part tomorrow.
"Now let's turn our attention to the Functioning Board. This board takes
the steps necessary to comply with the requirements of both the Statute
by which it is governed as well as the terms and provisions of its
governing documents. This board functions but may not have the foresight
necessary to allow the community to achieve its most lofty goals.
. . .
This board may be
take on projects and commit association resources to such projects
without first gauging the community's sentiments. An example would be
when the Board hires an engineer to draw up plans for an improvement
project which requires membership approval before being assured that
such approval will be forthcoming. A straw vote of the community either
through the association's website, newsletter or other mailing can often
help boards to determine whether or not to head down a certain path
before association funds are spent.
The common areas are
maintained and repaired but this board may be reluctant to embark on any
sort of upgrades for fear of community reprisals. This kind of board
may also be reluctant to encourage the members to fully fund reserves and
may, in fact, be reluctant to make some tough decisions required by
their position as board members. These decisions can include pursuing
delinquencies, enforcing architectural standards and other use
restrictions, etc.
The functioning board does not play favorites, it just fails to strictly and uniformly enforce the covenants and resists making unpopular but necessary decisions.
Tomorrow in Part III of this blog series, we will at last discuss the attributes of that sometimes rare entity: the highly functioning board."
The functioning board does not play favorites, it just fails to strictly and uniformly enforce the covenants and resists making unpopular but necessary decisions.
Tomorrow in Part III of this blog series, we will at last discuss the attributes of that sometimes rare entity: the highly functioning board."
Donna DiMaggio Berger
Katzman, Garfinkel & Berger
http://www.kgblawfirm.com
954-486-7774
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I hope that the new board, will aspire to improve. Donna's classes and guidelines will help all Board member's to improve their performance to the betterment of Southpoint.
Your comments are appreciated. After Donna's remarks on Boards are complete I'll publish some excerpts of your responses.
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Michael E Katz
Director
Southpoint
954-563-0959
Katz8356@comcast.net
