Page 25 - CooperatorNews New Jersey Expo 2021

NJ.COOPERATORNEWS.COM COOPERATORNEWS NEW JERSEY —EXPO 2021 25 Knowledge and Experience. Always, in All Ways. Our team of highly qualified and experienced Engineers and Architects have made us the “go-to” Highrise Experts for more than 23 years. Capital Reserve Reportsapital Reserve Reports C Facade Inspection and Restoration Mechanical, Electrical and Plumbing Design Domestic/Heating Water Riser Evaluations Balcony Repair and Reconstruction Flat Roof Inspections, Repair and Flat Roof Inspections, Repair and Replacement Lobby Renovation and Design Parking Garage Repair Water Infiltration Window, Flashing and PTAC Replacement Forensic Investigation & Litigation Forensic Investigation & Litigation Support Building Condition Reports/Planning (646) 292.3515 350 7th Avenue, Suite 2000 New York, NY 10001 682 Highway 202/206 Bridgewater, NJ 08807 (800) 839.7740 We specialize in: • Condominium/Townhouse Associations • Single Family HOA/Master Planned • Luxury High Rise Condominiums • Cooperative Communities • Adult Active Communities 11 Cleveland Place • Springfield NJ 07081 tony.nardone@cp-management.com 973.376.3925 www.cp-management.com Sometimes, factions develop among ample—or managing agents can assist in the ownership unrelated to board deal- ings, and then members of those groups sue on which certain board members are run for board positions in order to ad- vance the interests of their smaller group. It’s not hard to see how this can lead to tinues, “such ‘mediation’ may involve problems, as those members clearly do little more than other board members dis- not have the whole of the association in cussing an issue with two diametrically- mind when governing. “Serving on a dysfunctional board is board, using the available information – exhausting for the members who may including expert recommendations – to well opt to resign rather than continue try and bring the views of those disagree- to ‘fi ght the fi ght,’” says Davis. “Th at level ing members closer together. of dysfunction also typically leads to in- creased expenses for the association, as professionals may try to bridge gaps be- board members may have more cause for tween board members’ positions by an- requesting legal opinions to support or swering questions and discussing options off set arguments among themselves. Oc- casionally, when there is a bad actor on a other board members or the expert cannot board who is causing so much diffi culty or will not ‘mediate’ a resolution between that it interferes with the function of the two stridently-opposed board members in association, there may be a political eff ort this manner, it oft en falls to the managing waged to have that member recalled by agent to do so.” membership through a statutory process. If the board is split by faction, it will be up to the political savvy of willing directors to form coalitions of support in order to get things done by majority.” Key to communication is listening. And if board members are not listening to each other, bringing in a neutral party may help to open their ears. “When board members are diametrically opposed, it may be time to call in a professional from a fi eld related to the argument at hand,” advises Straits. “Even if that professional is saying the same thing as a particular board member, the others may be more open to hearing the message if articulated by an experienced outsider. “And,” Straits continues, “many ar- guments come down to the individual communication styles of specifi c board members. It can be helpful for each mem- ber to reiterate what they ‘heard’ another member say, as it can be surprising to hear members repeat what they thought they had just heard. If diff ering members can realize their diff erences in communica- tion styles, it can help push through and resolve issues. But, at certain times, there is no resolution that is satisfactory to ev- eryone. When that happens, the board members need to understand that it is their fi duciary responsibility to support the decision of the majority.” While mediation can occasionally be helpful in placating feuding residents, it’s rarely useful in the board context, ac- cording to Fleiss. “Formal mediation by an independent third-party facilitator may even result in agreement purely for the sake of agreeing; that is, an agreement that is not necessarily in the best interests of the building and its residents. Plus, for- mal mediation typically involves fi nancial costs—including to compensate the me- diator—which boards may be hesitant to incur. But informal ‘mediation’ by fellow board members, relevant professionals— architects, accountants, attorneys, for ex- arriving at a bipartisan solution to an is- in disagreement. “In some circumstances,” Fleiss con- opposed colleagues at a meeting of the “In other circumstances, the relevant regarding the matter at issue. Where the n Cooper Smith is a regular contributor to CooperatorNews. ownership versus single-family home- ownership, as well as the difference be- tween condos and co-ops themselves. Single-family homeownership is very simple: You buy a home and the land un- derneath it. There will be some interface with the local government around things like utilities, property taxes, and basic services such as trash collection, but as the homeowner, you’re in charge of maintaining both the structure you call home and the land upon which it sits. If it snows, you remove the snow from your driveway. If your water pipes freeze and burst, you are responsible for repairing them. It’s your castle—and so are all the responsibilities that come with it. Between single-family ownership and condo/co-op ownership is the homeown- er’s association (HOA). In these commu- nities, residents own their homes (which may be free-standing, or may be attached to others) outright, but handle certain re- sponsibilities collectively. These include things like the maintenance of roads, clubhouses, pools, and other common amenities inside the community’s bor- ders, and, depending on the HOA, may also include utilities, façade mainte- nance, or landscaping. But generally, like single-family homeowners, HOA mem- bers are in charge of their homes, both inside and out. From HOA membership, the next step is condominium ownership. Like own- ers of single-family homes and units in HOAs, condo owners own their property outright—but their owned property en- compasses only what is within the divid- ing walls of their units. All other parts of A LOOK AT BOARD... continued from page 1 continued on page 26 See us at Booth 510